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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SINDY SMITH, Defendant-Appellant.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's homicidal intent could be readily inferred from the fact that he fired numerous shots at the fleeing victim, causing several wounds ( see e.g. People v. Perez 64 N.Y.2d 868; People v. Douglas, 273 A.D.2d 24, lv denied 95 N.Y.2d 889).

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. SMITH
(Dec 9, 2003)