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People v. Ramirez

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1976
51 A.D.2d 809 (N.Y. App. Div. 1976)

Opinion

February 23, 1976


Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 30, 1975, convicting him of assault in the first degree (two counts), upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and indictment dismissed. The prosecution failed to make out even a prima facie case of all of the elements necessary to establish either type of assault alleged in the indictment. The trial testimony of the defendant's wife as to how she was shot was not, contrary to the prosecution's contentions, incredible as a matter of law. Alleged prior statements by the wife that the shooting was not accidental, were not admissible as proof of the truth of those statements, but served to contradict her present version. Under such circumstances, there was no evidence as to how the shooting occurred. Hopkins, Acting P.J., Cohalan, Rabin, Shapiro and Titone, JJ., concur.


Summaries of

People v. Ramirez

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1976
51 A.D.2d 809 (N.Y. App. Div. 1976)
Case details for

People v. Ramirez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE A. RAMIREZ…

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

Date published: Feb 23, 1976

Citations

51 A.D.2d 809 (N.Y. App. Div. 1976)

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