In People v. Wallace , Joseph Wallace was charged with murder in the second degree, weapon possession in the fourth degree, and illegal operation of a vehicle in the first degree.
After the Erie County Court convicted Wallace on all counts, he argued to the Appellate Division, Fourth Department, that the lower court shouldn't have considered the music he was listening to after the shooting.
The AD4 was of the view the tape Wallace had in his possession was admissible to prove his "consciousness of guilt." The hip hop recording of Cypress Hill's " How I Could Just Kill a Man " recountered a murder similar to that of Wallace's victim.
While an individual's preference to listen to rap usually isn't a relevant consideration, the AD4 viewed the behavior pertinent in light of what had transpired.
To download a copy of the Appellate Division's decision, please go to: People v. Wallace