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People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1997
240 A.D.2d 761 (N.Y. App. Div. 1997)

Opinion

June 30, 1997

Appeal from the Supreme Court, Kings County (Lott, J.).


Ordered that the judgment is affirmed.

The evidence adduced at trial established that after spending several hours gambling in the back room of a bodega, the unarmed victim announced an intention to kill the defendant by the end of that year. Thereupon, the defendant produced a gun from his waistband, told the deceased, "You go first", and fired three shots at him, two into his back, and fled. Contrary to the defendant's contention, the deceased's threat was not a "reasonable explanation or excuse" ( People v. Casassa, 49 N.Y.2d 668, 679) for the shooting so as to warrant a charge on the affirmative defense of extreme emotional disturbance ( see, People v. Moye, 66 N.Y.2d 887; People v. Henriquez, 233 A.D.2d 268).

The sentence imposed was neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).

Rosenblatt, J.P., Miller, O'Brien and Ritter, JJ., concur.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1997
240 A.D.2d 761 (N.Y. App. Div. 1997)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL MARTINEZ…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 30, 1997

Citations

240 A.D.2d 761 (N.Y. App. Div. 1997)
660 N.Y.S.2d 46