Legal Opinion

People v. Martinez

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

Decided December 11, 2001Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered July 16, 1998, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 16 years to life, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s mistrial motion made after the jurors observed an elderly witness require medical assistance immediately following his testimony. The court made a thorough inquiry, and each juror stated that he or she could be fair and that the *63events would have no impact on…

2Cases cited5 opinions

  1. People v. BroadieNew York Court of Appeals · 1975
  2. People v. RosenNew York Court of Appeals · 2001
  3. People v. BergNew York Court of Appeals · 1983
  4. People v. BrunsonAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. FordAppellate Division of the Supreme Court of the State of New York · 1999

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