From Casetext: Smarter Legal Research

People v. Rumble

Court of Appeals of the State of New York
Oct 24, 1978
45 N.Y.2d 879 (N.Y. 1978)

Opinion

Argued September 21, 1978

Decided October 24, 1978

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, WILLIAM J. CRANGLE, JR., J.

Richard V. Manning for appellant.

William H. Power, Jr., District Attorney, for respondent.


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 N.Y.2d 29, 32). 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.


Summaries of

People v. Rumble

Court of Appeals of the State of New York
Oct 24, 1978
45 N.Y.2d 879 (N.Y. 1978)
Case details for

People v. Rumble

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY H. RUMBLE…

Court:Court of Appeals of the State of New York

Date published: Oct 24, 1978

Citations

45 N.Y.2d 879 (N.Y. 1978)
410 N.Y.S.2d 806
383 N.E.2d 108

Citing Cases

People v. Forte

3. A confession is a statement regarding an act which constitutes a principal or res gestae fact ( People v.…

People v. Pagan

Contrary to the position of the defendant, we find that this case is not based wholly on circumstantial…