Therefore, and as was argued and emphasized, the perspective in which this additional evidence was examined is, from the perspective of the defense: whether the cross-examinations, or the concluding argument, which combines those testimonies and evidence, were useful in instilling reasonable doubt as to the robustness of that probative mass, which we found convincing and met the standard required in criminal law. In addition, it was necessary to examine whether there were critical failures in the investigation, or whether there were no substantive prosecution witnesses.
From this perspective, our conclusion is that the defense, which was conducted, with no mind and with great thoroughness, did not instill in our hearts, on these levels, a reasonable doubt about what is said in the one and only core dispute that remains to be considered and discussed: Is there a scenario, with any probability, that is not remote and unfounded, that there were unknown persons present at the scene, apparently two, apart from the defendant and the deceased, whose actions were the ones that led to the death of the deceased and the injury of the accused, who was only trying to fight them and help his cousin who was attacked. Unknown persons who managed to flee the scene and whose identity and motives are unknown.
The only anchoring for this scenario was, and remains, in the defendant's unreliable and unconvincing testimony.
Discussion of the question of the mental element and the statutory clause with which the defendant must be convicted
- Summarizing all of the above, our conclusion, as stated, is that the defendant did not succeed in casting doubt on his guilt.
He was the one who stabbed the deceased and caused his death.
It remains to examine the mental element that accompanied the defendant's assault on the deceased, and the cause of his death, which will have implications for the definition of the offense in which he should be convicted.
The defendant was charged, as may be recalled, of the offense of murder under aggravated circumstances, under section 301A(a)(7) of the Penal Law. The alleged aggravating circumstance is that "the act was committed with special cruelty, or with physical or mental abuse of the victim".