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People v. Rypinski

157 A.D.2d 260 (1990)

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People v. Rypinski

New York Supreme Court, Appellate Division

157 A.D.2d 260 (1990)

Facts

Roy Rypinski (defendant) was drinking all evening and got into an argument with Gordon Ulrich in the early morning hours. Rypinski went to his vehicle, got his rifle, and shot Ulrich in the leg. The State of New York charged Rypinski with reckless assault and other charges. During the trial, Rypinski testified that he had cleaned his rifle the day before and always kept three rounds in the rifle: one in the chamber and two in the clip. When Rypinski got the rifle from his vehicle, he ejected it three times and believed it was unloaded. Rypinski testified that it was an accident that the rifle fired. Rypinski requested the trial court to instruct the jury on a mistake of fact defense for the reckless assault. The trial court denied the request, and the jury convicted Rypinski of reckless assault. Rypinski appealed.

Rule of Law

Issue

Holding and Reasoning (Pine, J.)

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