Monday, April 29, 2013

People v. Zackowitz case brief

People v. Zackowitz case brief
254 N.Y. 192

CASE SYNOPSIS: Defendant appealed a judgment of the Kings County Court (New York) convicting him of the crime of murder in the first degree, contending that evidence concerning defendant's possession of firearms, not used in the homicide, was improperly admitted into evidence and prejudiced defendant.

FACTS: Defendant was convicted of first degree murder. Defendant appealed, arguing that evidence regarding his possession of guns not involved in the homicide was improperly admitted at trial.

HOLDING:
The court reversed the conviction and ordered a new trial, holding that, while the prosecution contended it offered the evidence of possession of the guns to impeach defendant's credibility because he had no license for the guns, the evidence was actually used to evidence defendant's murderous disposition.

ANALYSIS:
Thus, the admission of the evidence unduly prejudiced defendant.

CONCLUSION: The court reversed the conviction and ordered a new trial, holding that while the prosecution contended it offered evidence of possession of guns to impeach defendant's credibility, the evidence was actually used to evidence defendant's murderous disposition, and was thus prejudicial to defendant.

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