People v. Naylor
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: Defendant was convicted of second degree assault and related crimes for striking an acquaintance on the head with a pool cue. Defendant’s primary claim is that the trial court violated his marital privilege of confidential communication (see, CPLR 4502 [b]; CPL 60.10) in permitting defendant’s wife to testify about conversations she had with defendant in which defendant, by threats of force, attempted to enlist her support in a criminal scheme that resulted in the assault. We disagree. The privilege does not apply because the statements were not…
2Cases cited11 opinions
- People v. CarterNew York Court of Appeals · 1981
- People v. RojasNew York Court of Appeals · 1984
- People v. OzarowskiNew York Court of Appeals · 1976
- People v. MelskiNew York Court of Appeals · 1961
- People v. FediukNew York Court of Appeals · 1985
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3Cited by7 opinions
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 2015
- People v. LudwigAppellate Division of the Supreme Court of the State of New York · 1989
- People v. FlowersAppellate Division of the Supreme Court of the State of New York · 1991
- People v. MoylerAppellate Division of the Supreme Court of the State of New York · 1998
- People v. O'QuinnAppellate Division of the Supreme Court of the State of New York · 1989
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