Legal Opinion

People v. Martinez

New York Court of Appeals

Decided December 18, 2012PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, by vacating defendant’s conviction of depraved indifference murder, dismissing that count of the indictment and remitting to Supreme Court for resentencing and, as so modified, affirmed, with leave to the People, if so advised, to present a charge of manslaughter in the first degree to a new grand jury.

On this direct appeal, defendant argues that the evidence was legally insufficient to establish his guilt of depraved indifference murder. Viewed in the light most favorable to the People, defendant, after an…

2Cases cited24 opinions

  1. People v. SuarezNew York Court of Appeals · 2005
  2. People v. RegisterNew York Court of Appeals · 1983
  3. People v. FeingoldNew York Court of Appeals · 2006
  4. People v. PayneNew York Court of Appeals · 2004
  5. People v. SanchezNew York Court of Appeals · 2002

19 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. FinchNew York Court of Appeals · 2014
  2. Walker v. GrahamDistrict Court, E.D. New York · 2013
  3. People v. BarboniNew York Court of Appeals · 2013
  4. People v. ParrisAppellate Division of the Supreme Court of the State of New York · 2019
  5. People v. PequeNew York Court of Appeals · 2013

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