New York Court of Appeals, 1978

People v. Rumble

New York Court of Appeals · Decided October 24, 1978

45 N.Y.2d 879; 383 N.E.2d 108; 410 N.Y.S.2d 806; 1978 N.Y. LEXIS 2305

Cases that cite this one

74 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Silburn (N.Y. 2018)
Norwood v. Artis (District Court, W.D. New York 2007)
Quartararo v. Hanslmaier (2d Cir. 1999)
People v. Powell (Appellate Division of the Supreme Court of New York 2017)
People v. Campbell (Appellate Division of the Supreme Court of New York 2010)
People v. Louisias (Appellate Division of the Supreme Court of New York 2006)
People v. Kelly (New York Supreme Court 1993)
People v. Pagan (Appellate Division of the Supreme Court of New York 1990)
People v. Bolino (Appellate Division of the Supreme Court of New York 1989)
People v. Montgomery (Appellate Division of the Supreme Court of New York 1984)
People v. Sanchez (Appellate Division of the Supreme Court of New York 1983)
People v. Burke (Appellate Division of the Supreme Court of New York 1983)
People v. Silburn (N.Y. 2018)
People v. Ash (Appellate Division of the Supreme Court of New York 2018)
The People v. Pettis Hardy (N.Y. 2015)
STANFORD, JAMES RALPH, PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
People v. Stanford (Appellate Division of the Supreme Court of New York 2011)
People v. Bradley (Appellate Division of the Supreme Court of New York 2010)
People v. Geddes (Appellate Division of the Supreme Court of New York 2008)
People v. Casper (Appellate Division of the Supreme Court of New York 2007)
People v. Mastowski (Appellate Division of the Supreme Court of New York 2006)
People v. Fulton (Appellate Division of the Supreme Court of New York 2006)
People v. Echevarria (Appellate Division of the Supreme Court of New York 2005)
People v. Rago (Appellate Division of the Supreme Court of New York 2005)
People v. Mazyck (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order of the Appellate Division affirmed. Defendant’s statement to his brother that "I’m not responsible for what I did”, if interpreted by the fact finder as a relevant admission of guilt, distinguishes this case from those based exclusively on circumstantial evidence (e.g., People v Benzinger, 36 NY2d 29, *88132). Hence, the rigorous standards which obtain in circumstantial cases are not applicable.

The memorandum at the Appellate Division contains several unfortunate references to the lack of explanation for the cause of decedent’s catching fire. In context, however, it is evident that that court was not suggesting that defendant had an obligation to explain, through his own testimony or otherwise, the events leading up to the fire. Instead, the court was indicating that, in the absence of countervailing evidence, defendant’s admission, combined with the circumstantial evidence, was sufficient to establish guilt beyond a reasonable doubt, as indeed it was. This is true despite discomfort arising from absence of evidence of motive and the strange circumstance that the grandfather and defendant, in struggling over the hose valve, according to the grandfather, exchanged no words.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.