PEOPLE v. RODRIGUEZ


181 A.D.2d 840 (1992)

The People of the State of New York, Respondent, v. Daniel Rodriguez, Appellant

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

March 23, 1992


Ordered that the judgment is affirmed.

The defendant confessed that he stabbed the victim in the throat. The medical evidence adduced at trial established that the victim's death was caused by "incised and cut wounds of neck, transection of the right carotid artery, laceration of the right jugular vein [and] asphyxia by strangulation". The prosecution's theory as to the cause of the victim's death, as reflected in the testimonial evidence adduced at the trial, was...

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