People v. Powell

Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant was convicted of assault in the first degree and criminal possession of a weapon in the second degree for shooting Patrick Alexander, the boyfriend of Barbara Whetstone, defendant’s former girlfriend. During the course of Alexander’s testimony, he was permitted to testify, over objection, about a *919prior incident in which defendant had shot Whetstone and her then-husband. The court overruled the defense objection on the ground that the testimony was admissible to show the state of mind of the victim. That was…