The following excerpt is from People v. Diaz, 2004 NY Slip Op 24076 (NY 3/15/2004), 2004 NY Slip Op 24076 (N.Y. 2004):
On February 18, 2004, the parties stated that they were ready for trial and the court instructed a court officer to go to the jury pool courtroom and obtain a jury panel. While the court was waiting for the panel to arrive, the People made a Molineux (People v. Molineux, 168 NY 264 [1901]) application. In argument, the prosecutrix claimed that the defendant had been incarcerated for a lengthy period of time because of a prior assault on the victim and that two weeks before the homicide, the defendant was released from jail. The People claimed that the underlying facts of the prior assault and defendant's lengthy incarceration provided the defendant with a motive for the killing and showed his intent to murder the victim.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.