People v. Emery
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The court did not err in refusing to instruct the jury to apply the more rigorous circumstantial evidence standard. The People’s case rested on both direct and circumstantial evidence (see, People v Barnes, 50 NY2d 375). Defendant’s statement to Neil Bischoff that "I did it, I did it, I did it” while indicating a stabbing gesture and raising his right fist to his chest could have reasonably been interpreted by the fact finder as a "relevant admission of guilt” (People v Rumble, 45 NY2d 879, 880; see, People v Shaw, 128 AD2d 817, 818; cf, People v…
2Cases cited13 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. CrimminsNew York Court of Appeals · 1975
- People v. BarnesNew York Court of Appeals · 1980
- People v. FordNew York Court of Appeals · 1985
- People v. SanchezNew York Court of Appeals · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- People v. CivitelloAppellate Division of the Supreme Court of the State of New York · 2001
- People v. A. J. RutledgeAppellate Division of the Supreme Court of the State of New York · 2001
- People v. BarnesAppellate Division of the Supreme Court of the State of New York · 1990
- People v. BignallAppellate Division of the Supreme Court of the State of New York · 1993
- People v. Chia Yen YunAppellate Division of the Supreme Court of the State of New York · 2006
10 more not listed; retrieve them via the Exa API.