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PEOPLE v. MARTINEZ

22 A.D.3d 318 (2005)

804 N.Y.S.2d 293

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

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

October 13, 2005.

The verdict was supported by legally sufficient evidence (see e.g. People v. Williams, 84 N.Y.2d 925 [1994]). Defendant was not convicted on the basis of his mere presence at the scene, but upon an extensive chain of circumstantial evidence that established his guilt beyond a reasonable doubt.

Testimony from a doctor who treated defendant did not violate the physician-patient privilege. Once defendant waived that privilege...

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