The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's homicidal intent was clearly established by his statements made at the time and the surrounding circumstances (People v. Smith, 79 N.Y.2d 309, 315; People v. Bracey, 41 N.Y.2d 296, 301). The jury could have reasonably interpreted defendant's statements during the incident as expressing his intent to kill the victim. The evidence also warranted the conclusion that defendant pointed a loaded gun at the complainant's chest and cocked it, and, after being shoved by the victim, fired two shots in his direction. Furthermore, the jury could have reasonably concluded that defendant's subsequent conduct was consistent with his original homicidal intent.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.