People v. Rubin

Appellate Division of the Supreme Court of New York

People v. Rubin

200 A.D.2d 376, 608 N.Y.S.2d 72, 1994 N.Y. App. Div. LEXIS 88

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

DecidedJanuary 6, 1994

StatusPublished

This text of 200 A.D.2d 376 (People v. Rubin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Rubin, 200 A.D.2d 376, 608 N.Y.S.2d 72, 1994 N.Y. App. Div. LEXIS 88 (N.Y. Ct. App. 1994).

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Opinion

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered November 14, 1990, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to 25 years to life, unanimously affirmed.

[377]*377Defendant and the deceased had an altercation in the apartment in which defendant and his 86 year old father resided. The evidence overwhelmingly established defendant’s intent to kill the victim. In view of the nature and multiplicity of the wounds (see, e.g., People v Suarez, 160 AD2d 468, lv denied 76 NY2d 796), defendant’s own lack of serious injuries, the inconsistencies in defendant’s own statements, and other evidence, the justification defense was disproved beyond a reasonable doubt.

We find no abuse of discretion in the court’s ruling precluding defendant from eliciting evidence regarding the victim’s alleged service in Vietnam (see generally, People v Miller, 39 NY2d 543). Finally, we find no error in the court’s justification instruction. Concur — Sullivan, J. P., Rosenberger, Ellerin and Rubin, JJ.

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—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered November 14, 1990, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to 25 years to life, unanimously affirmed.

[377]*377Defendant and the deceased had an altercation in the apartment in which defendant and his 86 year old father resided. The evidence overwhelmingly established defendant’s intent to kill the victim. In view of the nature and multiplicity of the wounds (see, e.g., People v Suarez, 160 AD2d 468, lv denied 76 NY2d 796), defendant’s own lack of serious injuries, the inconsistencies in defendant’s own statements, and other evidence, the justification defense was disproved beyond a reasonable doubt.

We find no abuse of discretion in the court’s ruling precluding defendant from eliciting evidence regarding the victim’s alleged service in Vietnam (see generally, People v Miller, 39 NY2d 543). Finally, we find no error in the court’s justification instruction. Concur — Sullivan, J. P., Rosenberger, Ellerin and Rubin, JJ.

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Bluebook (online)

200 A.D.2d 376, 608 N.Y.S.2d 72, 1994 N.Y. App. Div. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rubin-nyappdiv-1994.

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