PEOPLE v. RAMIREZ


76 A.D.2d 115 (1980)

The People of the State of New York, Respondent, v. Felix Ramirez, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 17, 1980


Attorney(s) appearing for the Case

Judith L. Turnock of counsel (William E. Hellerstein, attorney), for appellant.

Thomas L. Gazianis (Timothy J. McGinn with him on the brief; Mario Merola, District Attorney, attorney), for respondent.

KUPFERMAN, J. P., and LUPIANO, J., concur with BLOOM, J.; FEIN and CARRO, JJ., dissent in an opinion by CARRO, J.


BLOOM, J.

On November 11, 1976, Estaban Casilla (Smokey) and defendant met in a social club where they began arguing "over a woman". The argument became heated and Smokey turned away from defendant, removed his jacket and passed it to Del Valle, one of his friends, seemingly in preparation for a fight. While he was so turned, defendant pulled out a knife and stabbed him in the chest area, mortally wounding him...

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