PEOPLE v. ORTIZ

7899. 1055/09.

168 A.D.3d 482 (2019)

91 N.Y.S.3d 90

2019 NY Slip Op 00221

The People of the State of New York, Respondent, v. Jose Ortiz, Appellant.

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

Decided January 15, 2019.


This case involves allegations that defendant broke into the home of his girlfriend and stabbed her. Defendant was charged with attempted murder in the second degree, and related crimes.

During trial, the court permitted Jennifer Mercedes, a subpoena compliance agent with T-Mobile, to testify that on the date of the attack two calls were made from defendant's cell phone, which were transmitted to a cell tower at 2112 Starling Avenue in the Bronx. Mercedes opined that...

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