PEOPLE v. MARTINEZ


207 A.D.2d 284 (1994)

615 N.Y.S.2d 383

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

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

August 11, 1994


There is no merit to defendant's contention, raised for the first time on appeal, that the trial court impermissibly shifted the burden of proof from the prosecution when, upon objection by the prosecutor to defense counsel's statement that "the police, as you will learn, control everything that goes on in the streets and that comes into this courtroom", it interrupted the defense's opening statement to say "Mr. Stone, get to what you will show." Considered in the context...

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