PEOPLE v. MARTINEZ

6899.

92 A.D.3d 592 (2012)

938 N.Y.S.2d 800

2012 NY Slip Op 1369

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

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

Decided February 23, 2012.


The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the jury's determinations concerning the credibility and reliability of witnesses, and its rejection of defendant's third-party-culpability defense.

The court properly exercised its discretion in receiving rebuttal evidence concerning the type of baseball bat used during the incident...

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