ALBANY — The attempted murder conviction of a New York City man in Fulton County Court five years ago was upheld Thursday by the Appellate Division of state Supreme Court.
Tyquanne D. “Turk” Madison, 29, of East 103rd St., Brooklyn, was convicted July 13, 2012 by a County Court jury of second-degree attempted murder, first-degree attempted assault, first-degree criminal use of a firearm, and second-degree criminal possession of a weapon.
He had been indicted by a county grand jury based upon allegations Madison shot Codie Hayward of Littauer Place, Gloversville, four times at his apartment on Aug. 12, 2011. The victim survived, Gloversville police said.
County Court had reduced the charge of first-degree assault to first-degree attempted assault, finding that the District Attorney’s Office failed to establish that the victim suffered a serious physical injury. Madison then appealed his case.
Madison’s lawyers had contended the verdict was not based upon legally sufficient evidence identifying him as the shooter.
The appellate decision indicated “evidence provided a valid line of reasoning and permissible inferences from which a jury could conclude that defendant was the shooter,”
Madison argued that County Court erred in reducing the charge of first-degree assault and, instead, the court should have either denied his motion for a trial order of dismissal or reserved decision. This contention is “also unpreserved,” the decision said. The decision added that Madison “suffered no prejudice” in court.
“Defendant also failed to preserve his … claim that County Court should have submitted attempted assault in the first degree as an alternative to attempted murder in the second degree because those crimes constitute inclusory concurrent counts,” the decision said.
Finally, appellate judges found Madison’s claim of ineffective assistance of counsel “lacking in merit.”
Michael Anich covers Johnstown and Fulton County news. He can be reached at [email protected]