People v. Tillman | 185 AD 2d 864 | August 10, 1992

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People v. Tillman

185 A.D.2d 864 (1992)

The People of the State of New York, Respondent,
v.
Gary Tillman, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 10, 1992

Thompson, J. P., Miller, Pizzuto and Santucci, JJ., concur.

Ordered that the judgment is affirmed.

[865] Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt of felony murder. The evidence adduced at trial established that the defendant approached his victim and demanded two dollars. When the victim refused, the defendant pulled out a small knife and grabbed the victim by the shoulders. The victim then kicked the defendant in the genitals. This kick was not very hard and the defendant still maintained his grip on his victim. The defendant then plunged the knife into the victim's chest, causing his death. This testimony, given by the defendant himself, was legally sufficient to establish that the murder was accomplished "in furtherance" of the underlying robbery.

Moreover, the defendant, by failing to object to the discharge of jurors number 13 and 4, has failed to preserve any alleged error with respect thereto for appellate review (see, CPL 470.05 [2]; People v Doby, 178 AD2d 427) and we decline to reach this issue in the exercise of our interest of justice jurisdiction.

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

We have examined the defendant's remaining contentions and find them to be either unpreserved for appellate review (see, CPL 470.05 [2]) or without merit.

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Case Information

January 10, 2017

1992-08-10

185 AD 2d 864

Appellate Division of the Supreme Court of the State of New York, Second Department

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