PEOPLE v. MARTINEZ


240 A.D.2d 761 (1997)

660 N.Y.S.2d 46

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

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

June 30, 1997


Ordered that the judgment is affirmed.

The evidence adduced at trial established that after spending several hours gambling in the back room of a bodega, the unarmed victim announced an intention to kill the defendant by the end of that year. Thereupon, the defendant produced a gun from his waistband, told the deceased, "You go first", and fired three shots at him, two into his back, and fled. Contrary to the defendant's contention, the deceased's threat was not a...

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