People v. Alling

Casey and Levine, JJ.,

dissent and vote to reverse in the following memorandum by Levine, J. Levine, J. (dissenting). In our view, reversal and a new trial is required because of the prosecution’s introduction on its direct case of evidence that on one prior occasion defendant had expressed a willingness to use his shotgun to defend himself against the former boyfriend of one of the women in the apartment on the night of the shooting and that on another earlier occasion he brought guns into his kitchen in anticipation of a hostile visit from the victim. Apart from the question of relevancy of…