PEOPLE v. MARTINEZ


216 A.D.2d 587 (1995)

628 N.Y.S.2d 568

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

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

June 26, 1995


Ordered that the order is affirmed.

Upon a motion to dismiss an indictment, a court must determine whether the People have met their burden of presenting legally sufficient evidence to establish that the defendant committed the charged offenses (see, CPL 190.65 [1]). "`Legally sufficient evidence' means competent evidence which, if accepted as true, would establish every element of an offense charged and the defendant's commission thereof" (CPL 70.10 [1])....

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