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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROY McNAMEE, Defendant-Appellant.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility. There was ample evidence from which the jury could reasonably infer that defendant intended to kill the victim, including evidence that defendant returned to the scene of a prior altercation whereupon he deliberately drew a firearm, aimed it at the victim, and fired a shot.

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

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PEOPLE v. McNAMEE
(Nov 30, 1999)