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People v. Wilson

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 24, 1968
30 A.D.2d 761 (N.Y. App. Div. 1968)

Opinion

June 24, 1968

Appeal from the Monroe County Court.

Present — Bastow, P.J., Goldman, Del Vecchio, Marsh and Henry, JJ.


Judgment insofar as it convicts defendant of manslaughter first degree unanimously reversed on the law and facts and a new trial granted and otherwise judgment affirmed. Memorandum: While the Grand Jury testimony of the eyewitnesses gives a completely contradictory version of the story of the shooting from their testimony on the trial and could be used by the District Attorney to impeach their credibility (Code Crim. Pro., § 8-a) such testimony could not be used to supply deficiencies in their trial testimony in providing substantive and affirmative proof of guilt. (See People v. Freeman, 9 N.Y.2d 600.) None of the eyewitnesses, and the District Attorney relied upon their testimony to establish the facts of the shooting, gave testimony to the facts as narrated in their Grand Jury testimony and the testimony they did give neither established that the defendant intentionally fired the gun that caused the victim's death or that the shooting was other than an accidental discharge while the defendant and the victim were tussling for the gun.


Summaries of

People v. Wilson

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 24, 1968
30 A.D.2d 761 (N.Y. App. Div. 1968)
Case details for

People v. Wilson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE JOE WILSON…

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

Date published: Jun 24, 1968

Citations

30 A.D.2d 761 (N.Y. App. Div. 1968)