People v. Rumble

383 N.E.2d 108, 45 N.Y.2d 879, 410 N.Y.S.2d 806, 1978 N.Y. LEXIS 2305
CourtNew York Court of Appeals
DecidedOctober 24, 1978
StatusPublished
Cited by75 cases

This text of 383 N.E.2d 108 (People v. Rumble) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Rumble, 383 N.E.2d 108, 45 N.Y.2d 879, 410 N.Y.S.2d 806, 1978 N.Y. LEXIS 2305 (N.Y. 1978).

Opinion

OPINION OF THE COURT

Memorandum.

Order of the Appellate Division affirmed. Defendant’s statement to his brother that "I’m not responsible for what I did”, if interpreted by the fact finder as a relevant admission of guilt, distinguishes this case from those based exclusively on circumstantial evidence (e.g., People v Benzinger, 36 NY2d 29, [881]*88132). Hence, the rigorous standards which obtain in circumstantial cases are not applicable.

The memorandum at the Appellate Division contains several unfortunate references to the lack of explanation for the cause of decedent’s catching fire. In context, however, it is evident that that court was not suggesting that defendant had an obligation to explain, through his own testimony or otherwise, the events leading up to the fire. Instead, the court was indicating that, in the absence of countervailing evidence, defendant’s admission, combined with the circumstantial evidence, was sufficient to establish guilt beyond a reasonable doubt, as indeed it was. This is true despite discomfort arising from absence of evidence of motive and the strange circumstance that the grandfather and defendant, in struggling over the hose valve, according to the grandfather, exchanged no words.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Ash
2018 NY Slip Op 4601 (Appellate Division of the Supreme Court of New York, 2018)
People v. Silburn
New York Court of Appeals, 2018
People v. Powell
2017 NY Slip Op 6104 (Appellate Division of the Supreme Court of New York, 2017)
The People v. Pettis Hardy
43 N.E.3d 734 (New York Court of Appeals, 2015)
STANFORD, JAMES RALPH, PEOPLE v
Appellate Division of the Supreme Court of New York, 2011
People v. Stanford
87 A.D.3d 1367 (Appellate Division of the Supreme Court of New York, 2011)
People v. Bradley
72 A.D.3d 1628 (Appellate Division of the Supreme Court of New York, 2010)
People v. Campbell
69 A.D.3d 645 (Appellate Division of the Supreme Court of New York, 2010)
People v. Geddes
49 A.D.3d 1255 (Appellate Division of the Supreme Court of New York, 2008)
People v. Casper
42 A.D.3d 887 (Appellate Division of the Supreme Court of New York, 2007)
Norwood v. Artis
487 F. Supp. 2d 321 (W.D. New York, 2007)
People v. Louisias
29 A.D.3d 1017 (Appellate Division of the Supreme Court of New York, 2006)
People v. Fulton
28 A.D.3d 1180 (Appellate Division of the Supreme Court of New York, 2006)
People v. Mastowski
26 A.D.3d 744 (Appellate Division of the Supreme Court of New York, 2006)
People v. Rago
24 A.D.3d 210 (Appellate Division of the Supreme Court of New York, 2005)
People v. Echevarria
17 A.D.3d 204 (Appellate Division of the Supreme Court of New York, 2005)
People v. Bryant
12 A.D.3d 1077 (Appellate Division of the Supreme Court of New York, 2004)
People v. Mazyck
3 A.D.3d 583 (Appellate Division of the Supreme Court of New York, 2004)
Quartararo v. Hanslmaier
186 F.3d 91 (Second Circuit, 1999)
People v. Quartararo
200 A.D.2d 160 (Appellate Division of the Supreme Court of New York, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
383 N.E.2d 108, 45 N.Y.2d 879, 410 N.Y.S.2d 806, 1978 N.Y. LEXIS 2305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rumble-ny-1978.