Fourth Department – Murder: People v. McCullough

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

Murder —Sufficiency of intent — Juror relationship with prosecutor

People v. McCullough

KA 15-01962

Appealed from Monroe County Court

Background: The defendant appealed from his conviction of two counts of murder. The conviction arose out of the defendant’s participation in the shooting of the victim who was a witness and the victim in a pending assault case against the defendant.

Ruling: The Appellate Division affirmed. The court held that the nature of the relationship between a prospective juror and the prosecutor would not preclude the juror from rendering an impartial verdict. The juror was a neighbor of the prosecutor for only six months and there was no indication that they socialized as neighbors or any time after the trial. The court further held that the evidence was sufficient for intent to kill as the defendant fired five shots at the victim. Further, no other motive was proffered for the killing other than the victim’s pending testimony against the defendant.

Donald M. Thompson, of Easton Thompson Kasperek Shiffrin, for the defendant-appellant; Amy N. Walendziak, of the district attorney’s office, for the respondent.

Oral argument video