PEOPLE v. MARTINEZ

2017-06669. Ind. No. 2591/15.

199 A.D.3d 834 (2021)

156 N.Y.S.3d 431

2021 NY Slip Op 06193

The People of the State of New York, Respondent, v. Wilfridy V. Martinez, Appellant.

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

Decided November 10, 2021.


Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Anna Jouravleva of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Ellen C. Abbot , and Eunice Villantoy of counsel), for respondent.

Chambers, J.P., Miller, Genovesi and Dowling, JJ., concur.


Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Queens County, for a new trial before a different Justice.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guilt of attempted assault in the first degree...

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