People v. Mathure

Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Brien, J.), rendered May 2, 1982, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Under the facts of this case, the jury could “conclude that it was not a reasonable possibility” that defendant’s “conduct is equally consistent with” an intent to merely seriously injure rather than to kill (People v Bracey, 41 NY2d 296 , 302). Therefore, there is no basis for reducing the conviction of murder in the second degree to manslaughter in the first degree, as defendant urges on appeal (cf. People v Marrero, 67 AD2d 951 ).

We find that the rebuttal testimony, while improperly introduced solely to impeach defendant’s credibility, was harmless error and did not deprive defendant of a fair trial (People v Crimmins, 36 NY2d 230 ). We find no merit to defendant’s remaining contentions. Mangano, J. P., Bracken, Rubin and Kunzeman, JJ., concur.