Legal Opinion

People v. Rubino

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 1995PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), the evidence is sufficient to support the conviction of manslaughter in the second degree (Penal Law § 125.15 [1]), and the verdict is not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). The trial court properly admitted evidence regarding a death from a drug overdose that had occurred at defendant’s apartment three months before the instant offense. That evidence is probative of defendant’s awareness of the substantial and…

2Cases cited4 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. KennyAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. KyserAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by1 opinion

  1. People v. GrayAppellate Division of the Supreme Court of the State of New York · 2004

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