People v. Martinez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Westchester County (Rosato, J.), rendered February 21, 1990, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered. No questions of fact have been raised or considered.
*154At trial the defendant admitted to having stabbed the victim a total of 139 times in the victim’s hotel room. The defendant, who also resided in the hotel, claimed that he acted to repel the victim…
2Cases cited7 opinions
- People v. MoyeNew York Court of Appeals · 1985
- People v. OchsNew York Court of Appeals · 1957
- People v. HentleyAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BermudezAppellate Division of the Supreme Court of the State of New York · 1985
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by5 opinions
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1993
- People v. IsidronAppellate Division of the Supreme Court of the State of New York · 1994
- People v. KatzAppellate Division of the Supreme Court of the State of New York · 1995
- People v. CarrenardAppellate Division of the Supreme Court of the State of New York · 2008
- People v. GenyardAppellate Division of the Supreme Court of the State of New York · 1998