PEOPLE v. MARTINEZ

3156, 3811/95.

84 A.D.3d 550 (2011)

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

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

Decided May 17, 2011.


Eyewitness testimony at a suppression hearing and subsequently at trial adduced the following: On May 3, 1991, defendant Hector Martinez was approached by Lavert Lee on West 151st Street in Manhattan. Lee asked defendant to sell him $8 worth of crack. Defendant insisted that Lee wait for another buyer to come along because he did not want to retrieve such a small amount of drugs from his supply. When Lee persisted, defendant threw his $8 on the ground and a fight broke out...

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