PEOPLE v. MARTINEZ


219 A.D.2d 678 (1995)

631 N.Y.S.2d 869

The People of the State of New York, Respondent, v. Jose Martinez, Also Known as Carlos Ortiz, Appellant

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

September 18, 1995


Ordered that the judgment is affirmed.

The defendant contends that the court erred in submitting the charge of robbery in the first degree to the jury because he established the affirmative defense that the object he displayed was not a loaded weapon (see, Penal Law § 160.15 [4]). The court properly denied the defendant's motion to dismiss that count as he failed to prove the affirmative defense as a matter of law.

"In order to satisfy the `[d...

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