PEOPLE v. MARZIALE


182 A.D.2d 1035 (1992)

The People of the State of New York, Respondent, v. Victor F. Marziale, Appellant

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

April 30, 1992


Mahoney, J.

Defendant was indicted for murder in the second degree and arson in the second degree in connection with the death of Robert Smith. The evidence establishes that defendant had been living with Smith's estranged wife. Upon learning that the wife intended to reconcile with Smith, defendant admitted that he went to Smith's home, parked his car at a distance from the residence and went the remaining distance on foot. At the house, an altercation...

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