People v. Boose

Appellate Division of the Supreme Court of New York

People v. Boose

25 A.D.2d 606, 267 N.Y.S.2d 427, 1966 N.Y. App. Div. LEXIS 4934

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 17, 1966

StatusPublished

Cited by1 cases

This text of 25 A.D.2d 606 (People v. Boose) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Boose, 25 A.D.2d 606, 267 N.Y.S.2d 427, 1966 N.Y. App. Div. LEXIS 4934 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment unanimously reversed on the law and facts and a new trial granted. Memorandum: There was clear proof that defendant entered the home of his common-law wife, made repeated threats to kill her and eventually aimed and discharged a riñe at her. The bullet missed its mark, the wife fell to the floor and was injured by blows to the head from the rifle in the hands of appellant. In this state of the proof the wife and two daughters were permitted to testify over objections of prior threats made by defendant and prior assaults committed by him on the spouse over a period of five years. This was error. (People v. Dales, 309 N. Y. 97, 101.) Here there was no claim that the assault was the result of any accident or mistake. Its probative value to show intent or motive with which appellant acted was merely cumulative. The proof on this subject from the eyewitnesses was overwhelming. The only purpose the evidence could have served was to inflame the minds of the jurors. (Appeal from judgment of Wayne County Court convicting defendant of assault first degree.)

Present — Williams, P'. J., Bastow, Goldman, Henry and Marsh, JJ.

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Judgment unanimously reversed on the law and facts and a new trial granted. Memorandum: There was clear proof that defendant entered the home of his common-law wife, made repeated threats to kill her and eventually aimed and discharged a riñe at her. The bullet missed its mark, the wife fell to the floor and was injured by blows to the head from the rifle in the hands of appellant. In this state of the proof the wife and two daughters were permitted to testify over objections of prior threats made by defendant and prior assaults committed by him on the spouse over a period of five years. This was error. (People v. Dales, 309 N. Y. 97, 101.) Here there was no claim that the assault was the result of any accident or mistake. Its probative value to show intent or motive with which appellant acted was merely cumulative. The proof on this subject from the eyewitnesses was overwhelming. The only purpose the evidence could have served was to inflame the minds of the jurors. (Appeal from judgment of Wayne County Court convicting defendant of assault first degree.)

Present — Williams, P'. J., Bastow, Goldman, Henry and Marsh, JJ.

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Bluebook (online)

25 A.D.2d 606, 267 N.Y.S.2d 427, 1966 N.Y. App. Div. LEXIS 4934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boose-nyappdiv-1966.

Opinion

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