PEOPLE v. ERBY


97 A.D.2d 380 (1983)

The People of the State of New York, Respondent, v. William Erby, Appellant

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

October 18, 1983


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 concrete. After sitting in a daze for some half hour, Rush staggered home. The following morning he was found dead in his...

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