PEOPLE v. FILS-AMIE

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's homicidal intent could be reasonably inferred from his conduct and the surrounding circumstances (see, People v. Bracey, 41 N.Y.2d 296), including defendant's infliction of a stab wound to the victim's back in the vicinity of vital organs (see, People v. Suero, 235 A.D.2d 257, lv denied 89 N.Y.2d 1101; People v. Jamison, 173 A.D.2d 341, lv denied 78 N.Y.2d 955), and his actions before and after the incident. We perceive no basis for a reduction of sentence.

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