PEOPLE v. RODRIGUEZ


186 A.D.2d 355 (1992)

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

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

October 1, 1992


Armed with a baseball bat, defendant repeatedly beat the victim in the head because he had been dating the defendant's common law wife. When he stopped his attack he declared, "Next time I'll kill you," and then ran off, pursued by responding police officers. As a result of the attack, the victim is now totally incapacitated.

At trial, defendant claimed justification, alleging that the victim had a knife, but none was found or observed. We reject as unpreserved defendant...

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