In People v. Nunez , Israel Nunez and his girlfriend, were visiting friends when he beat her for "talking to another man."
Nunez reportedly kicked, slapped, and punched her while outside the friend's home, then ordered her to get into the car with her son, where he continued to beat her by slamming her head against the dashboard. By the time they arrived at the victim's residence, she was unconscious so Nunez decided dragged her through the bedroom window and didn't call 911 until the following morning.
Evidence suggested that Nunez continued to attack his girlfriend once inside the apartment -- as there was blood all over the walls and bed. (She died later that day from "blunt force injuries to her head and neck.")
After the Monroe County Supreme Court convicted Nunez of "depraved indifference murder," he appealed to the Appellate Division, Fourth Department, which found the brutal nature of the attack "besp[oke] a level of cruelty that establishes the depravity mandated by statute."
The AD4 refused to entertain any technical objections and was of the view the jury was appropriately permitted to hear of prior acts of domestic violence because that evidence's "probative value outweighed its potential for prejudice." And since the questioning of Nunez -- which occurred at the victim's house before he was advised of his Miranda rights -- was "investigatory" in nature, rather than "accusatory," those statements were also admissible.
Clearly, the AD4 was indifferent to this guy's arguments.
For a copy of the Appellate Division's decision, please use this link: People v. Nunez