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PEOPLE v. HAYES

22 A.D.3d 253 (2005)

802 N.Y.S.2d 30

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNEST HAYES, Appellant.

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

October 6, 2005.

The verdict convicting defendant of attempted murder was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 N.Y.2d 490 [1987]). The evidence established that defendant and a codefendant, acting in concert, bound, gagged and beat the victim and shot him in the head. This evidence warranted the conclusion that defendant intended to cause the victim's death.

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