Gothamist

A non-profit newsroom, powered by WNYC.

Gothamist

WNYC Listen Live

Donate

 

 

News

Conviction Upheld for Nicole Dufresne's Killer


By

Jen Chung

Published Dec 29, 2010

Modified Dec 29, 2010


Share

FacebookTwitterRedditEmail


Never miss a story

 Email address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .


By

Jen Chung

Published Dec 29, 2010

Modified Dec 29, 2010


Share

FacebookTwitterRedditEmail


We rely on your support to make local news available to all

Make your contribution now and help Gothamist thrive in 2026. Donate today

Gothamist is funded by sponsors and member donations

An appellate court upheld the murder conviction of the man who killed an aspiring actress on a Lower East Side street during a 2005 robbery. Rudy Fleming, who is serving a life sentence for Nicole Dufresne's murder, had claimed he was mentally incompetent, but the judges found, “There was extensive evidence that (Fleming), even if psychiatrically ill, was deliberately exaggerating his illness and feigning the type of symptoms that might suggest [he was unfit for trial]."

In January 2005, Dufresne, her boyfriend Jeffrey Sparks and two friends had left Max Fish when they were confronted by a group who demanded their money. Sparks tried to intervene, but he was hit in the head by a gun, and, when the group wanted her purse, Dufresne said, "What are you going to do, shoot us?" Fleming, then 19, fired at Dufresne, who died in Sparks' arms. At the time, Police Commissioner Ray Kelly said, "Regardless of what the victim said or did not say, the person responsible for her death is the one who pulled the trigger," adding, "If you're in a situation when someone is pointing a weapon at you, I think it's best to comply with the directions of that individual." (One of the teens in the group testified that they were out looking for trouble because they were bored)

Fleming, who had claimed he shot Dufresne by accident, though a friend said he shot Dufresne because he was angry at her, tred to avoid trial by mentioning visions of giant marshmallow man. While serving his life sentence, he has been found to be psychotic; his lawyer says she still plans to appeal the appellate court's ruling.


Jen Chung

Jen Chung is a former WNYC and Gothamist editor.

Read more

Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


MORE news

Feds blame NYC's sanctuary policies for violent ICE arrest

DHS Secretary Markwayne Mullin said ICE agents were unaware a child was in the vehicle they fired on during the arrest.

By

Arya Sundaram

Published Oct 9, 2026 at 12:37 p.m. ET


NYPD rushed man shot by ICE to hospital in police SUV, bodycam footage shows

NYPD Commissioner Jessica Tisch said ICE officers fired at Oscar Belgal multiple times when he was in a car with his 5-year-old son.

By

Ben Feuerherd

News

NYPD rushed man shot by ICE to hospital in police SUV, bodycam footage shows

NYPD Commissioner Jessica Tisch said ICE officers fired at Oscar Belgal multiple times when he was in a car with his 5-year-old son.

By

Ben Feuerherd


Pencils down: NYC lawmakers want to switch back to paper tests as state mandates screens

By

Jessica Gould

Penn Station’s future could be determined by midterm elections

By

Stephen Nessen

ICE mistakenly arrested 2 men in the Bronx, then mounted cover-up, US judge rules

By

Arya Sundaram


Never miss a story

Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.

Sign upEmail address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .