New York Court of Appeals, 1981

People v. Ruiz

New York Court of Appeals · Decided February 10, 1981

52 N.Y.2d 929; 419 N.E.2d 343; 437 N.Y.S.2d 665; 1981 N.Y. LEXIS 2162

Cases that cite this one

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

People v. Alexander (Appellate Division of the Supreme Court of New York 2012)
People v. Alexander (Appellate Division of the Supreme Court of New York 2012)
People v. Capehart (Appellate Division of the Supreme Court of New York 2009)
People v. McCoy (Appellate Division of the Supreme Court of New York 2006)
People v. Lewis (Appellate Division of the Supreme Court of New York 2002)
People v. Durham (Appellate Division of the Supreme Court of New York 1998)
People v. White (Appellate Division of the Supreme Court of New York 1996)
People v. Struss (Appellate Division of the Supreme Court of New York 1996)
People v. Roldan (Appellate Division of the Supreme Court of New York 1995)
People v. Miranda (Appellate Division of the Supreme Court of New York 1992)
People v. Torres (Appellate Division of the Supreme Court of New York 1992)
Venditto v. Doody (Appellate Division of the Supreme Court of New York 1992)
People v. Holden (Appellate Division of the Supreme Court of New York 1992)
People v. King (Appellate Division of the Supreme Court of New York 1991)
People v. Bowen (Appellate Division of the Supreme Court of New York 1991)
People v. Pena (Appellate Division of the Supreme Court of New York 1991)
People v. Lilly (Appellate Division of the Supreme Court of New York 1990)
People v. Battle (Appellate Division of the Supreme Court of New York 1990)
People v. Troy (Appellate Division of the Supreme Court of New York 1990)
People v. Nunez (Appellate Division of the Supreme Court of New York 1990)
People v. Ellis (Appellate Division of the Supreme Court of New York 1989)
People v. Amey (Appellate Division of the Supreme Court of New York 1989)
People v. Graham (Appellate Division of the Supreme Court of New York 1989)
People v. Carter (Appellate Division of the Supreme Court of New York 1989)
People v. Samuel (Appellate Division of the Supreme Court of New York 1988)

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.

The order of the Appellate Division should be affirmed.

Without more, in the circumstances revealed by this record we cannot say as a matter of law that the trial court abused its discretion when it denied the defendant’s request for a lineup made at a time when, some five months after the initial indentification, it is not disputed the defendant presented a somewhat altered appearance.

As to appellant’s contention that, despite an otherwise unobjectionable charge on the burden of proof, the Trial Judge should have granted the request that the jury be instructed on circumstantial evidence, as we have only recently reiterated, a special instruction on that subject is required only when the prosecution’s case rests on circumstantial evidence alone (People v Gerard, 50 NY2d 392; People v Barnes, 50 NY2d 375).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

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