Opinion
September 23, 1985
Appeal from the Supreme Court, Queens County (Rubin, J.).
Judgment affirmed.
The evidence produced at trial established beyond a reasonable doubt that defendant was guilty of two counts of attempted murder in the first degree rather than the lesser included offense of attempted assault in the first degree. Defendant fired his gun at two police officers at close range as the officers were getting out of their police car at the end of a car chase. The record demonstrates that defendant's intent was to cause death, not merely to inflict serious physical injury (see, e.g., People v Burke, 73 A.D.2d 627).
We have considered defendant's other contentions and find that none of them warrants reversal. Lazer, J.P., O'Connor, Weinstein and Niehoff, JJ., concur.