Legal Opinion
People v. Suarez
New York Supreme Court
Decided June 29, 1990PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Jaunita Bing Newton, J.
The court, in the case at bar, must determine the availability of the marital privilege in the context of a criminal *96proceeding in which one "spouse” is the defendant.1 Surprisingly, there is a dearth of reported case law on the topic as it relates to the facts of this case. That is, where the couple live together in an admittedly nonformalized relationship and a colorable argument can be made for the existence of a common-law marriage.
The defendant and Wanda Silva met on or about October 2, 1983. They have lived together since early 1984 without the…
2Cases cited7 opinions
- Wolfle v. United StatesSupreme Court of the United States · 1934
- Blau v. United StatesSupreme Court of the United States · 1951
- Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
- State v. HankinsSupreme Court of Missouri · 1982
- In Re Estate of BenjaminNew York Court of Appeals · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Greenwald v. H & P 29th Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1997
- People v. Vespucci, New York County Courts2002