PEOPLE v. RIOS


230 A.D.2d 87 (1997)

658 N.Y.S.2d 579

The People of the State of New York, Respondent, v. Alexander Rios, Appellant

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

May 1, 1997


Attorney(s) appearing for the Case

Tigran W. Eldred of counsel (Daniel L. Greenberg, attorney), for appellant.

Leslie Catherine Perrin of counsel (Allen H. Saperstein on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for respondent.

ELLERIN, J. P., WILLIAMS and TOM, JJ., concur.


RUBIN, J.

The victim of this brutal assault was killed by a single blow to the back of the head, delivered with a baseball bat, which produced a 10-inch-long wound. An autopsy revealed that the victim sustained multiple skull fractures, hemorrhages on the brain and around the right eye, and lacerations and contusions on the brain, which was observed to protrude from the skull and to be very swollen and misshapen...

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