Legal Opinion

People v. Martinez

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1985PublishedCited by 4 opinions

1Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered November 16, 1983, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The trial court properly admitted into evidence a sawed-off shotgun which was allegedly the murder weapon. At trial, three witnesses identified the gun recovered from defendant’s possession as either the one with which defendant shot decedent or one that looked exactly like it. It should be noted that the gun was…

2Cases cited5 opinions

  1. People v. PenaNew York Court of Appeals · 1980
  2. People v. MirendaNew York Court of Appeals · 1969
  3. People v. PinelliAppellate Division of the Supreme Court of the State of New York · 1965
  4. People v. RandolphAppellate Division of the Supreme Court of the State of New York · 1972
  5. People v. FlammerAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by4 opinions

  1. People v. SheriffAppellate Division of the Supreme Court of the State of New York · 1996
  2. People v. JenningsAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. MoralesAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. McLeanAppellate Division of the Supreme Court of the State of New York · 1992

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