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People v. Goodman

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1977
59 A.D.2d 896 (N.Y. App. Div. 1977)

Opinion

November 7, 1977


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 18, 1974, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. No issues have been raised with respect to the fact findings. The defendant presented a justification defense; it was his claim that he believed that the victim had been hired to kill him and that, at the time of the stabbing, the victim had been reaching for a gun. The defendant offered to have a witness testify that she had heard the defendant being told that someone had been hired to burn his car; this testimony was excluded. The fact that the defendant had heard such a statement could circumstantially indicate his state of mind (cf. People v Harris, 209 N.Y. 70; People v Wood, 126 N.Y. 249). "Where the mere fact that a statement was made, as distinguished from its truth or falsity, is relevant upon trial, evidence that such statement was made is original evidence, not hearsay" (Richardson, Evidence [Prince, 10th ed], § 203). Furthermore, the defendant should have been allowed to explain the meaning of what he claimed to be a "ghetto slang" phrase (see People v Irvine, 40 A.D.2d 560). Damiani, J.P., Hawkins, Suozzi and O'Connor, JJ., concur.


Summaries of

People v. Goodman

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1977
59 A.D.2d 896 (N.Y. App. Div. 1977)
Case details for

People v. Goodman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNEST GOODMAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 7, 1977

Citations

59 A.D.2d 896 (N.Y. App. Div. 1977)

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