PEOPLE v. MELSKI


10 N.Y.2d 78 (1961)

The People of the State of New York, Respondent, v. William P. Melski, Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1961.


Attorney(s) appearing for the Case

Millard J. Noonan for appellant.

Wallace J. Stakel, District Attorney, for respondent.

Judges FULD, FROESSEL and FOSTER concur with Judge BURKE; Chief Judge DESMOND dissents in an opinion in which Judges DYE and VAN VOORHIS concur.


BURKE, J.

The threshold question is whether a wife can testify in an action against her husband as to the presence in her home of visitors in the company of the husband. We believe that she may since the "communication" was neither induced by the marital relation nor made in confidence. This is made apparent by the facts that it was made in the presence of the third parties, and that it was voluntarily disclosed...

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