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People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1993
191 A.D.2d 262 (N.Y. App. Div. 1993)

Opinion

March 11, 1993

Appeal from the Supreme Court, Bronx County (Ivan Warner, J.).


Viewing the evidence in a light most favorable to the People and giving due deference to the jury's findings of credibility under the standards set forth in People v. Bleakley ( 69 N.Y.2d 490, 495), defendant's guilt was proved beyond a reasonable doubt by legally sufficient evidence, and the verdict was not against the weight of that evidence. The various discrepancies in descriptions which are noted on appeal by defendant presented a question of credibility which was for the jury to resolve. Defendant's challenge to admissibility of the .45 caliber handgun is meritless. Trial evidence sufficiently connected the defendant to the gun for purposes of admissibility. Any uncertainties as to the identification of the gun go to its weight and not to its admissibility (People v. Craig, 155 A.D.2d 550, citing People v Miller, 17 N.Y.2d 559). Several of defendant's remaining contentions are unpreserved. All are without merit.

Concur — Carro, J.P., Ellerin, Wallach, Kassal and Rubin, JJ.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1993
191 A.D.2d 262 (N.Y. App. Div. 1993)
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, First Department

Date published: Mar 11, 1993

Citations

191 A.D.2d 262 (N.Y. App. Div. 1993)
595 N.Y.S.2d 680

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