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PEOPLE v. SAAVENDRA

Appellate Division of the Supreme Court of New York, First Department.
Apr 12, 2007

Defendant's challenge to the sufficiency of the evidence is unpreserved, and we decline to review it in the interest of justice. Were we to review this claim, we would find that the verdict was based on legally sufficient evidence. We also conclude that the verdict was not against the weight of the evidence. Defendant, who observed his friend fighting with the un-armed victim, went to his car and obtained a knife with which he repeatedly stabbed the victim in the back. Defendant's intent to cause serious physical injury could be readily inferred from his actions ( see People v Getch, 50 NY2d 456, 465), and there was no evidence that he was so intoxicated as to be unable to form the requisite intent (see Penal Law ยง 15.25). We perceive no basis for reducing the sentence.