A review of the record shows that the People failed to prove beyond a reasonable doubt any intent by defendant "to cause the death" of the victim, Crawford Anderson ( see, Penal Law § 125.25). Defendant stabbed Anderson while in the midst of a close physical confrontation which Anderson actively advanced. Although the People did disprove defendant's justification defense beyond a reasonable doubt, there was no similar showing with regard to his intent to kill as opposed to an intent to seriously injure ( see, Penal Law § 125.20). Since the facts support the latter but not the former intent, we modify to reduce the conviction to one for manslaughter in the first degree and remand for resentencing.
Concur — Sandler, J.P., Sullivan, Asch and Bloom, JJ.