People v. Fuentes
| Court | United States State Supreme Court (New York) |
| Writing for the Court | J. IRWIN SHAPIRO |
| Citation | 51 Misc.2d 354,273 N.Y.S.2d 321 |
| Parties | The PEOPLE of the State of New York, Plaintiff, v. Miguel FUENTES a/k/a Miguel Vargas, Defendant. |
| Decision Date | 25 July 1966 |
Page 321
v.
Miguel FUENTES a/k/a Miguel Vargas, Defendant.
Page 322
[51 Misc.2d 355] Brett & Finkin, Forest Hills, Bob M. Finkin, Forest Hills, of counsel, for the motion.
Nat H. Hentel, Dist. Atty., Queens County, in opposition.
J. IRWIN SHAPIRO, Justice.
This is a motion by the defendant 'for an order dismissing the indictment in the furtherance of justice pursuant to Section 671 of the Code of Criminal Procedure and for an order to transfer this matter to the Family Court pursuant to Sections 812 and 813 of the Family Court Act and for an order to dismiss the indictment or in the alternative to inspect the Grand Jury Minutes.'
The defendant stands indicted for the crimes of sodomy in the first degree, assault with intent to commit sodomy (two counts) and carnal abuse of a child. All of the crimes are alleged to have been committed upon the defendant's natural daughter.
The defendant's wife testified before the grand jury that when she came home she found the defendant committing the crimes for which he has been indicted. The defendant contends that his wife should have been barred from testifying to what she observed because access to the defendant's home was afforded to her only by reason of the marital and confidential relationship existing between them. This contention is entirely devoid of merit.
Section 2445 of the Penal Law provides:
'The husband or wife of a person indicted or accused of a crime is in all cases a competent witness, on the examination or trial of such person; but neither husband nor wife can be compelled to disclose a confidential communication, made by one to the other during their marriage.'
Page 323
In People v. Sullivan, 42 Misc.2d 1014, 1016, 249 N.Y.S.2d 589, 591, I said:
'The words 'confidential communication' in the foregoing section 'means more than mere oral communications or conversations between husband and wife. It includes knowledge derived from the observance of disclosive acts done in the presence or view of one spouse by the other because of the confidence existing between them by reason of the marital relation and which would not have been performed except for the confidence so existing. An act may communicate knowledge to the known observer and repose a confidence in him as clearly and unmistakably as if accompanying descriptive words were uttered.' (People v. Daghita, 299 N.Y. 194, 198--199, 86 N.E.2d 172, 174, 10 A.L.R.2d 1385.)'
[51 Misc.2d 356] An...
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State v. Robinson, No. 17989
...N.E.2d 860 (1969); acts without knowledge that the witness spouse has observed or was likely to observe his conduct, People v. Fuentes, 51 Misc.2d 354, 273 N.Y.S.2d 321 (1966); or commits the act in public or in the presence of a third person, People v. McCormack, supra State v. Freeman, su......
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United States ex rel. Herrington v. Mancusi, No. 657
...Court. People ex rel. Doty v. Kreuger, 58 Misc.2d 428, 295 N.Y.S.2d 581, aff'd, App.Div.2d Dept., 302 N.Y.S.2d 605; People v. Fuentes, 51 Misc.2d 354, 273 N.Y.S.2d 321 (Sup.Ct.1966); Seymour v. Seymour, 56 Misc.2d 546, 289 N.Y.S.2d 515 (Sup.Ct.1968); People v. Gardner, N.Y. City Crim.Ct., N......
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S v. S
...Doty v. Krueger, 32 A.D.2d 845, 302 N.Y.S.2d 605, affirming by memorandum 58 Misc.2d 428, 295 N.Y.S.2d 581 (cousins); People v. Fuentes, 51 Misc.2d 354, 273 N.Y.S.2d 321 (father and daughter). While the lower court in Krueger attempts to weigh the seriousness of the felonious sexual miscond......
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United States ex rel. Walker v. Henderson, No. 490
...People ex rel. Doty v. Krueger, 58 Misc.2d 428, 295 N.Y.S.2d 581 (Sup.Ct. Nassau Co. 1968) (sexual abuse, sodomy); People v. Fuentes, 51 Misc.2d 354, 273 N.Y.S.2d 321, (Sup.Ct. Queens Co. 1966). But cf. People v. Nuernberger, 25 N.Y.2d 179, 303 N.Y.S.2d 74, 250 N.E.2d 352 (1969) (intent to ......
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State v. Robinson, No. 17989
...N.E.2d 860 (1969); acts without knowledge that the witness spouse has observed or was likely to observe his conduct, People v. Fuentes, 51 Misc.2d 354, 273 N.Y.S.2d 321 (1966); or commits the act in public or in the presence of a third person, People v. McCormack, supra State v. Freeman, su......
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United States ex rel. Herrington v. Mancusi, No. 657
...Court. People ex rel. Doty v. Kreuger, 58 Misc.2d 428, 295 N.Y.S.2d 581, aff'd, App.Div.2d Dept., 302 N.Y.S.2d 605; People v. Fuentes, 51 Misc.2d 354, 273 N.Y.S.2d 321 (Sup.Ct.1966); Seymour v. Seymour, 56 Misc.2d 546, 289 N.Y.S.2d 515 (Sup.Ct.1968); People v. Gardner, N.Y. City Crim.Ct., N......
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S v. S
...Doty v. Krueger, 32 A.D.2d 845, 302 N.Y.S.2d 605, affirming by memorandum 58 Misc.2d 428, 295 N.Y.S.2d 581 (cousins); People v. Fuentes, 51 Misc.2d 354, 273 N.Y.S.2d 321 (father and daughter). While the lower court in Krueger attempts to weigh the seriousness of the felonious sexual miscond......
-
United States ex rel. Walker v. Henderson, No. 490
...People ex rel. Doty v. Krueger, 58 Misc.2d 428, 295 N.Y.S.2d 581 (Sup.Ct. Nassau Co. 1968) (sexual abuse, sodomy); People v. Fuentes, 51 Misc.2d 354, 273 N.Y.S.2d 321, (Sup.Ct. Queens Co. 1966). But cf. People v. Nuernberger, 25 N.Y.2d 179, 303 N.Y.S.2d 74, 250 N.E.2d 352 (1969) (intent to ......