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PEOPLE v. MARTINEZ

257 A.D.2d 410 (1999)

683 N.Y.S.2d 81

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS MARTINEZ, Appellant.

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

Decided January 7, 1999.

The court properly admitted testimony regarding the murder victim's espoused intention to terminate her relationship with, and stay away from, defendant. The testimony went to the victim's state of mind, and was, in turn, relevant to the issue of the motive of defendant, who was aware of the victim's attitude, to kill the victim (see, People v Malizia, 92 A.D.2d 154, affd 62 N.Y.2d 755,...

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