People v. Rubino
Appellate Division of the Supreme Court of the State of New York
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
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ContesNew York Court of Appeals · 1983
- People v. KennyAppellate Division of the Supreme Court of the State of New York · 1991
- People v. KyserAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by1 opinion
- People v. GrayAppellate Division of the Supreme Court of the State of New York · 2004