People v. Erby
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment rendered September 30, 1980 in Supreme Court, Bronx County (Stanley Parness, J., at jury trial and sentence) convicting appellant of criminally negligent homicide, unanimously reversed, on the law, and the indictment is dismissed. The evidence at trial undisputedly established appellant’s belligerence in approaching George Rush in the park and threatening him for some imagined insult rendered by a girlfriend of Rush. When Rush said he did not know what Erby was talking about and stood up, Erby punched him in the face. Rush fell to the ground “like a tree,” hitting his head on the…
2Cases cited8 opinions
- People v. . RosenheimerNew York Court of Appeals · 1913
- People v. Warner-Lambert Co.New York Court of Appeals · 1980
- People v. HaneyNew York Court of Appeals · 1972
- People v. FitzgeraldNew York Court of Appeals · 1978
- People v. MackellNew York Court of Appeals · 1976
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3Cited by7 opinions
- People v. GarbarinoAppellate Division of the Supreme Court of the State of New York · 1989
- People v. GrahamAppellate Division of the Supreme Court of the State of New York · 1986
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1987
- People v. SanfordNew York Supreme Court · 2004
- People v. SanfordNew York Supreme Court, Kings County · 2004
2 more not listed; retrieve them via the Exa API.