Court of Appeals of New York

Defendant's conviction for mansalughter in the first degree, for fatally stabbing her boyfriend, is reversed and remanded for a new trial where given the extensive evidence of the victim's abusive behavior, defendant's life-long history of victimization and PTSD diagnosis, and the objective corroboration of those portions of defendant's narrative in which she stated that just prior to the fatal stabbing the victim choked her and then attacked her with a shovel, it is not possible to conclude that there would have been no significant probability of a different verdict if the disputed Molineux evidence had not been received.

Appellate Information

• Decided 11/20/2012
• Published 11/20/2012

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel