People v Bordies

Holding The court affirmed the conviction for murder in the second degree and criminal possession of a weapon, rejecting claims of Brady violations, improper admission of gang evidence, and prosecutorial misconduct. The court found the evidence legally sufficient to support the jury’s verdict and the sentence was not unduly harsh.

The court’s words

To establish a Brady violation, a defendant must show that (1) the evidence is favorable to the defendant because it is either exculpatory or impeaching in nature

2026 NY Slip Op 04640, at the official text

Evidence regarding gang activity can be admitted to provide necessary background, or when it is 'inextricably interwoven' with the charged crime

2026 NY Slip Op 04640, at the official text

The doctrine of 'transferred intent' serves to ensure that a person will be prosecuted for the crime he or she intended to commit

2026 NY Slip Op 04640, at the official text

A person is guilty of murder in the second degree when, with intent to cause the death of another person, he causes the death of such person or of a third person

2026 NY Slip Op 04640, at the official text

The challenged comments were not so egregious as to deprive defendant of a fair trial

2026 NY Slip Op 04640, at the official text