ALBANY – In a case highlighting the potential pitfalls of allowing a jury in a domestic violence case to hear evidence of prior uncharged offenses, an upstate appeals court has ordered a new trial for a man convicted of assaulting his wife by making her drink herself into a stupor.
The Appellate Division, Third Department, ruled that since the evidence of Robert Elmy’s guilt was not overwhelming, references to reports of past violence against his wife, Patricia Elmy, may have prejudiced the jury against him as it deliberated in 2012 on second-degree assault and other charges.
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