PEOPLE v. MARTINEZ


173 A.D.2d 333 (1991)

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

Appellate Division of the Supreme Court of the State of New York, First Department.

May 21, 1991


Appellant and an accomplice, with guns drawn, rushed into the partially open door of a 6th floor apartment in the Bronx tied up the occupants, and removed money and jewelry from their persons. On this appeal, defendant takes exception to various portions of the trial court's charge to the jury. Defendant's arguments are unpreserved as a matter of law (CPL 470.05 [2]). Moreover, were we to reach these issues in the interest of justice, we would nevertheless affirm defendant...

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