PEOPLE v. MARTINEZ


216 A.D.2d 586 (1995)

628 N.Y.S.2d 788

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

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

June 26, 1995


Ordered that the judgment is affirmed.

During the early morning hours of May 13, 1993, a Brooklyn police officer discovered the defendant asleep in an automobile which had been reported stolen. On appeal, the defendant contends that his conviction for unauthorized use of this vehicle was against the weight of the evidence because the complainant's testimony that he forcibly stole the car was incredible, and must necessarily have been rejected by the jury which acquitted...

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