People v. Martinez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Acosta, J.
The issue in this case of first impression is whether an indictment that identifies a defendant solely by his or her DNA markers satisfies the defendant’s constitutional right to notice. We hold that it does.
On October 31, 1996, the complainant, a 20-year-old female, was sexually assaulted at gunpoint in the Lafayette/Canal Street subway station. The assailant held a gun to the complainant, took her money and stated that “this is what happens to women who take the train alone at night.” He then forced the complainant to take her pants down, touched her breast,…
2Cases cited14 opinions
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Toussie v. United StatesSupreme Court of the United States · 1970
- People v. IannoneNew York Court of Appeals · 1978
- People v. HansenNew York Court of Appeals · 2000
- People v. KoniecznyNew York Court of Appeals · 2004
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3Cited by26 opinions
- People v. RobinsonCalifornia Supreme Court · 2010
- Commonwealth v. DixonMassachusetts Supreme Judicial Court · 2010
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 2014
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2012
- State of Tennessee v. Robert Jason BurdickTennessee Supreme Court · 2012
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