Legal Opinion
People v. Martinez
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 1989PublishedCited by 5 opinions
1Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered May 26, 1988, convicting him of burglary in the second degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The trial court erred in excluding, as hearsay, testimony offered to circumstantially prove the defendant’s state of mind (see, Matter of Bergstein v Board of Educ., 34 NY2d 318; People v Valentin, 130 AD2d 529). The defendant sought to establish that, based upon his conversation with…
2Cases cited9 opinions
- People v. Yut Wai TomNew York Court of Appeals · 1981
- MATTER OF BERGSTEIN v. Bd. of Educ.New York Court of Appeals · 1974
- MATTER OF OWEN v. StroebelNew York Court of Appeals · 1985
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1984
- People v. LuberoffAppellate Division of the Supreme Court of the State of New York · 1989
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. ArthurAppellate Division of the Supreme Court of the State of New York · 1992
- People v. BarrAppellate Division of the Supreme Court of the State of New York · 2009
- People v. RoblesAppellate Division of the Supreme Court of the State of New York · 1994
- People v. SeitAppellate Division of the Supreme Court of the State of New York · 1994
- People v. GibianAppellate Division of the Supreme Court of the State of New York · 2010