PEOPLE v. MARTE


186 A.D.2d 686 (1992)

The People of the State of New York, Respondent, v. Juan Marte, Appellant

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

October 13, 1992


Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

Viewing the evidence adduced at the trial in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), and giving the People the benefit of every reasonable inference to be drawn therefrom (see, People v Giuliano,

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