PEOPLE v. RUIZ

No. 100.

39 N.Y.3d 981 (2022)

201 N.E.3d 802

2022 NY Slip Op 07092

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. REBECCA RUIZ, Respondent.

Court of Appeals of New York.

Decided December 15, 2022.


Attorney(s) appearing for the Case

Jason L. Schmidt , District Attorney, Mayville ( Andrew M. Molitor of counsel), for appellant.

David C. Schopp , Legal Aid Bureau of Buffalo, Inc., Buffalo ( John J. Morrissey and Jane I. Yoon of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to the Appellate Division for a determination of the facts and issues raised but not determined on appeal to that Court (CPL 470.25[2][d]; 470.40[2][b]). Defendant killed the victim, her boyfriend, by firing a single shot from a semiautomatic pistol through the metal, windowless door to her residence. She was charged in an indictment with murder...

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