In People v. Meseck , Mark Meseck thought his convictions -- for unlawful imprisonment in the first degree and endangering the welfare of a child -- were against the weight of the evidence.
According to Meseck's girlfriend, the two had a "rocky" relationship for four years and there had been "incidents of abuse or threatening behavior." On the night in question, she came home to find Meseck "wielding a baseball bat and making accusations of infidelity." The couple's three children and another child from the woman's prior relationship were present in the apartment.
Though she tried to contain the argument to the kitchen, the scuffle "spilled over" into the living area where the children were situated. Meseck allegedly threatened that if she called the police, "two body bags would be leaving the house," the kids would be taken hostage and used as human shields, and he would bury her in the basement.
After a Clinton County Court jury found him guilty, Meseck argued to the Appellate Division, Third Department, that he "posed no real harm" and that the "children were asleep and he never threatened them." He also claimed to have been prejudiced by the introduction of prior acts of "domestic violence."
After giving "due deference to the jury's credibility determination," the AD3 affirmed the convictions. Prior acts of domestic abuse were admissible because they were "relevant to establish defendant's motive, intent and provide[d] appropriate background."
He certainly didn't bat very well there
To download a copy of the Appellate Division's decision, please use this link: People v. Meseck