People v. Wilson

Appellate Division of the Supreme Court of New York

People v. Wilson

30 A.D.2d 761, 291 N.Y.S.2d 920, 1968 N.Y. App. Div. LEXIS 3678

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

DecidedJune 24, 1968

StatusPublished

This text of 30 A.D.2d 761 (People v. Wilson) 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. Wilson, 30 A.D.2d 761, 291 N.Y.S.2d 920, 1968 N.Y. App. Div. LEXIS 3678 (N.Y. Ct. App. 1968).

Pincite

Opinion

Judgment insofar as it convicts defendant of manslaughter first degree unanimously reversed on the law and facts and a new trial granted and otherwise judgment affirmed. Memorandum: While the Grand Jury testimony of the eyewitnesses gives a completely contradictory version of the story of the shooting from their testimony on the trial and could be used by the District Attorney to impeach their credibility (Code Crim. Pro., § 8-a) such testimony could not be used to supply deficiencies in their trial testimony in providing substantive and affirmative proof of guilt. (See People v. Freeman, 9 N Y 2d 600.) None of the eyewitnesses, and the District Attorney relied upon their testimony to establish the facts of the shooting, gave testimony to the facts as narrated in their Grand Jury testimony and the testimony they did give [762]*762neither established that the defendant intentionally fired the gun that caused the victim’s death or that the shooting was other than an accidental discharge while the defendant and the victim were tussling for the gun. (Appeal from judgment of Monroe County Court convicting defendant of manslaughter, first degree and unlawful possession of firearm.) Present — Bastow, P. J., Goldman, Del Vecchio, Marsh and Henry, JJ.

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Judgment insofar as it convicts defendant of manslaughter first degree unanimously reversed on the law and facts and a new trial granted and otherwise judgment affirmed. Memorandum: While the Grand Jury testimony of the eyewitnesses gives a completely contradictory version of the story of the shooting from their testimony on the trial and could be used by the District Attorney to impeach their credibility (Code Crim. Pro., § 8-a) such testimony could not be used to supply deficiencies in their trial testimony in providing substantive and affirmative proof of guilt. (See People v. Freeman, 9 N Y 2d 600.) None of the eyewitnesses, and the District Attorney relied upon their testimony to establish the facts of the shooting, gave testimony to the facts as narrated in their Grand Jury testimony and the testimony they did give [762]*762neither established that the defendant intentionally fired the gun that caused the victim’s death or that the shooting was other than an accidental discharge while the defendant and the victim were tussling for the gun. (Appeal from judgment of Monroe County Court convicting defendant of manslaughter, first degree and unlawful possession of firearm.) Present — Bastow, P. J., Goldman, Del Vecchio, Marsh and Henry, JJ.

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Bluebook (online)

30 A.D.2d 761, 291 N.Y.S.2d 920, 1968 N.Y. App. Div. LEXIS 3678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilson-nyappdiv-1968.