People v. Martinez

83 N.Y.2d 26 (1993)

628 N.E.2d 1320

607 N.Y.S.2d 610

The People of the State of New York, Respondent,

v.

Andre Martinez, Appellant.

Court of Appeals of the State of New York.

Argued November 11, 1993.

Decided December 21, 1993.

Irma Ascher, New York City, and Philip L. Weinstein for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Nicoletta J. Caferri and Steven J. Chananie of counsel), for respondent.

Chief Judge KAYE and Judges TITONE and SMITH concur with Judge HANCOCK, JR.; Judge LEVINE dissents and votes to affirm in a separate opinion in which Judges SIMONS and…