People v. Martinez
Cases that cite this one
14 later published cases cite this decision.
- People v. Dick (Appellate Division of the Supreme Court of New York 2008)
- People v. Williams (Appellate Division of the Supreme Court of New York 2008)
- People v. Lawson (Appellate Division of the Supreme Court of New York 2007)
- People v. Santos (Appellate Division of the Supreme Court of New York 2013)
- People v. Santos (Appellate Division of the Supreme Court of New York 2013)
- People v. Harris (Appellate Division of the Supreme Court of New York 2010)
- People v. Diaz (Appellate Division of the Supreme Court of New York 2009)
- People v. Mercure (Appellate Division of the Supreme Court of New York 2008)
- People v. Stover (Appellate Division of the Supreme Court of New York 2007)
- People v. Patten (Appellate Division of the Supreme Court of New York 2007)
- People v. Charlton (Appellate Division of the Supreme Court of New York 2006)
- People v. Kadry (Appellate Division of the Supreme Court of New York 2006)
- People v. Bennett (Appellate Division of the Supreme Court of New York 2006)
- People v. Hudgins (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered April 21, 2003, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s convictions stem from a June 17, 2001, attack on the complainant in the vicinity of College Point Boulevard and 20th Avenue in Queens. The defendant contends that another person at the scene committed the assault.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).
We also reject the defendant’s assertion that he was denied
Furthermore, the defendant’s contention that certain comments made by the prosecutor during summation were improper was unpreserved for appellate review as the defense failed to specifically object to them at trial (see CPL 470.05 [2]; People v Tonge, 93 NY2d 838 [1999]). In any event, the challenged remarks were either a permissible response to the defense counsel’s summation or fair comment on the evidence adduced at trial (see People v Valdes, 291 AD2d 513 [2002]). Schmidt, J.P., Goldstein, Crane and Fisher, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.