PEOPLE v. SCOTT C. ANZALONE Part II
Trial court did not err in its instructions to jury regarding intent requirement for attempted murder conviction where court made clear that defendant was charged with attempted murder of four separate individuals, fully instructed jury concerning elements of attempted murder including an element of crime is that defendant harbored specific intent to unlawfully kill another human being, and did not instruct jury it could find defendant guilty of attempted murder of one person based on finding he intended to kill a different person. Court was not required to instruct jury that to find defendant guilty of a count of attempted murder, jury must find he had specific intent to kill person named as victim in that count. Defense counsel's decision to allow his case to be burdened with establishing alibi defense and his failure to object to prosecutor calling defendant a thief, where defendant had already admitted to being a thief, did not amount to ineffective assistance of counsel. Defense counsel was prejudicially ineffective in failing to object to prosecutor's misstatement of law as to intent required for attempted murder conviction where misstatement allowed jury to find defendant guilty of multiple counts of attempted murder based on mistaken impression that defendant's act of firing indiscriminately in direction of a group of men made him guilty of attempting to kill all of them.
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