Fourth Department – Attempted murder: People v. Schrader

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Attempted murder — Justification

People v. Schrader

KA 21-01594

Appealed from Oswego County Court

Background: The defendant appealed from his conviction of attempted murder and assault. The conviction arose from a road rage incident where the defendant shot the victim four times. The defendant and the victim previously stopped their vehicles to confront each other. They returned to their vehicles and, at a second confrontation at an intersection, the two engaged in a brief physical altercation. When the victim turned to walk or run away, the defendant shot him.

Ruling: The Appellate Division affirmed. The court held that the jury was entitled to infer that the defendant intended the natural and probable consequences of his acts. There were two altercations immediately before the shooting and the victim was shot four times from 10 feet away. Furthermore, eyewitnesses and a dash camera video support a finding that the victim was not using or attempting to use deadly physical force when he was shot by the defendant.

Stephanie R. DiGiorgio for the defendant-appellant; Amy L. Hallenbeck, of the district attorney’s office, for the respondent.

Oral argument video