PEOPLE v. MARTINEZ


30 A.D.3d 353 (2006)

817 N.Y.S.2d 288

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

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

June 29, 2006.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Not only was there overwhelming evidence that defendant acted in concert with the codefendant to cause the victim's death, but even when viewed in the light most favorable to the defense, there was no reasonable view of the evidence that defendant acted independently and only committed a third-degree assault. Accordingly, the court properly declined to submit that charge....

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