PEOPLE v. McDOWELL


9 N.Y.2d 12 (1961)

The People of the State of New York, Respondent, v. David McDowell, Appellant.

Court of Appeals of the State of New York.

Decided January 12, 1961.


Attorney(s) appearing for the Case

Abraham Ziegler for appellant.

Arthur W. Wilson, District Attorney (John L. Butz of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and FOSTER concur.


BURKE, J.

The judgment convicting defendant of assault in the second degree must be reversed because of the erroneous exclusion of evidence which is competent, relevant and material to the issues.

The excluded evidence dealt with defendant's reputation for peacefulness in the community in which he resided, and the alleged hostility of the complaining witness.

"[I]t is well settled that in a criminal...

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