People v. Santiago

In this criminal action the defendant is charged with false imprisonment on the complaint of his wife, and with the possession of various guns, drugs and other contraband all in violation of the Penal Law. Upon the trial, the wife has been called as a witness and the defendant husband objects to her being permitted to testify and raises the question of spousal privilege.

In New York, the general rule is that either party to a marriage is a competent witness in all cases (CPLR- 4512), except as to confidential matters arising from the marital relationship, which are privileged unless both…