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PEOPLE v. MOHAMMED

122 Misc.2d 504 (1984)

The People of the State of New York, Plaintiff, v. Ishmael Mohammed, Defendant.

Supreme Court, New York County.

January 16, 1984

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Irving B. Hirsch of counsel), for plaintiff. Lawrence Levner for defendant.

BURTON B. ROBERTS, J.

During the course of this homicide trial the People indicated their desire to introduce into evidence two letters written by the defendant to his wife to show consciousness of guilt.

The court, therefore, conducted a hearing in the absence of the jury (People v Dudley, 24 N.Y.2d 410), to determine whether the communications were within the marital privilege (CPLR 4502, subd [b])...

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