People v. Ortiz
Cases that cite this one
1 later published case cites this decision.
- Ortiz v. Royce (District Court, W.D. New York 2020)
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
Appeal from a judgment of the Monroe County Court (John L. DeMarco, J.), rendered January 22, 2014. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]), defendant contends that County Court erred in failing to charge the jury on the defense of mistake of fact (see § 15.20 [1] [a]). Defendant failed to preserve that contention for our review (see People v Streeter, 21 AD3d 1291, 1291-1292 [2005], lv denied 6 NY3d 898 [2006]), and we decline to exercise our power to address it as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Contrary to defendant’s further contention, the sentence is not unduly harsh or severe.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.