Legal Opinion · Dissent

People v. Martinez

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

Decided November 12, 2013Published

1DissentAndrias, J.

In March 2008, defendant was convicted, after a jury trial, of rape in the first degree, sexual abuse in the first degree, sexual misconduct, and endangering the welfare of a child based on allegations that, on May 18, 1998, he engaged in sexual intercourse with a six-year-old child who was staying with his family while her parents were away. Defendant was acquitted of course of sexual conduct against a child in the first degree.

Defendant was originally sentenced, as a first felony offender, to concurrent determinate prison terms of 20 years for the first-degree rape charge, seven years for…

2Cases cited3 opinions

  1. People v. CruzAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. MarraAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. SpearsAppellate Division of the Supreme Court of the State of New York · 1996

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