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MARITAL PRIVILEGE DID NOT APPLY TO DEFENDANT’S STATEMENT THAT HE WAS GOING TO BURN THE HOUSE DOWN.

In an arson case, the Third Department determined County Court properly allowed defendant’s wife to testify defendant said he was going to burn the house down. The court explained the limits of marital privilege:

The privilege that precludes a spouse from disclosing a confidential communication made during marriage by the other spouse (see CPLR 4502 [b]; CPL 60.10) does not protect every remark between spouses during a marriage. Instead, “the privilege attaches only to those statements made in confidence and ‘that are induced by the marital relation and prompted by the affection, confidence and loyalty engendered by such relationship'” … . The wife testified that her marriage to defendant began to deteriorate during the months before the fire, in part because defendant wanted to relocate to Colorado while the wife wanted to remain in New York and continue living in the marital home with her children. She stated that, as the relationship worsened, defendant told her “many” times that he would burn the house down to prevent her from taking possession of it when they separated.

The privilege “was never designed to forbid inquiry into the personal wrongs committed by one spouse against the other” and, thus, does not apply here, as defendant’s statements were not prompted by trust or confidence in the marital relationship, but, instead, constituted threats of criminal activity directed at the wife … . Further, the privilege does not apply “when the substance of a communication . . . is revealed to third parties” … . Here, the wife testified that several of defendant’s threats were made in the presence of other people, including mutual friends and the couple’s children, and these statements were not privileged … . People v Howard, 2015 NY Slip Op 08870, 3rd Dept 12-3-15

CRIMINAL LAW (MARITAL PRIVILEGE)/EVIDENCE (MARITAL PRIVILEGE, CRIMINAL TRIAL)

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