PEOPLE v. MARTINEZ


71 N.Y.2d 937 (1988)

The People of the State of New York, Respondent, v. Jimmy Martinez, Appellant.

Court of Appeals of the State of New York.

Decided April 26, 1988.


Attorney(s) appearing for the Case

Alex Caspari and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Michelle L. Daly and Norman Barclay of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant has been convicted of robbery, first degree, as a result of his armed hold up of a cafe during which he threatened to shoot the cashier, Efraim Gonzalez. After defendant fled the cafe Gonzalez immediately ran into the street where he saw his manager, Nelson Aleman, and told him of the crime. Aleman had seen defendant in the cafe a few minutes...

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