People v. Martinez
| Citation | 149 A.D.2d 438,539 N.Y.S.2d 781 |
| Parties | The PEOPLE, etc., Respondent, v. Jose MARTINEZ, Appellant. |
| Decision Date | 03 April 1989 |
| Court | New York Supreme Court — Appellate Division |
Richard V. Licata, New York City, for appellant.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood and Seth M. Lieberman, of counsel, David Dong, on the brief), for respondent.
Before MANGANO, J.P., and LAWRENCE, EIBER and SPATT, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered January 30, 1984, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's claim, the People did not fail, as a matter of law, to disprove the defense of justification. Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), the record establishes that the defense of justification was disproved beyond a reasonable doubt (see, People v. Reed, 40 N.Y.2d 204, 386 N.Y.S.2d 371, 352 N.E.2d 558), People v. Desmond, 125 A.D.2d 585, 510 N.Y.S.2d 6). The People presented testimony relating a version of the events at issue in which the intoxicated deceased was disarmed before the first stab wound was inflicted and thus posed no threat to the defendant's safety (see, People v. Dallara, 108 A.D.2d 867, 485 N.Y.S.2d 768). Moreover, unlike the defendant's testimony, the testimony of the prosecution's eyewitness was, for the most part, consistent with the findings of the medical examiner and the statement of the defendant made to the police upon his arrest.
The jury apparently credited the evidence offered by the prosecution. Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury, which saw and heard the witnesses (see, People v. Gaimari, 176 N.Y. 84, 94, 68 N.E. 112). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v. Garafolo, 44 A.D.2d 86, 88, 353 N.Y.S.2d 500). Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15[5] ).
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...two men began to trade blows, defendant took a knife from the victim's person and used it to stab him repeatedly (see People v. Martinez, 149 A.D.2d 438, 438, 539 N.Y.S.2d 781, lv. denied 74 N.Y.2d 814, 546 N.Y.S.2d 572, 545 N.E.2d 886 ). The People also established that the victim neither ......
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People v. Walker
...most favorable to the People, was sufficient to disprove the defense of justification beyond a reasonable doubt (see, People v. Martinez, 149 A.D.2d 438, 539 N.Y.S.2d 781, lv. denied 74 N.Y.2d 814, 546 N.Y.S.2d 572, 545 N.E.2d Defendant did not object to the court's charge on intent and tha......
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...N.E.2d 932), the record establishes that the defense of justification was disproved beyond a reasonable doubt (see, People v. Martinez, 149 A.D.2d 438, 539 N.Y.S.2d 781; People v. Tineo, 144 A.D.2d 507, 508, 533 N.Y.S.2d 979). The defendant shot the decedent four times at close range as he ......
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