People v. Martinez

Citation600 N.Y.S.2d 250,194 A.D.2d 741
PartiesThe PEOPLE, etc., Respondent, v. Eduardo MARTINEZ, Appellant.
Decision Date21 June 1993
CourtNew York Supreme Court Appellate Division

Philip L. Weinstein, New York City (Karen M. Kalikow and Barry Leiwant, of counsel), for appellant.

Richard A. Brown, Dist. Atty., Kew Gardens (Robin A. Forshaw and Jonathan Leinheardt, of counsel), for respondent.

Before SULLIVAN, J.P., and BALLETTA, O'BRIEN and SANTUCCI, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered February 14, 1989, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant originally appealed from a judgment of the Supreme Court, Queens County, rendered March 20, 1986, convicting him of manslaughter in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and upon an order of the same court, dated February 27, 1986, reducing his conviction of murder in the second degree to manslaughter in the first degree. The People separately appealed from the order dated February 27, 1986. By decision and order of this court dated November 28, 1988, the order was reversed, the jury verdict was reinstated, and the judgment was modified by vacating the conviction of manslaughter in the first degree and the sentence imposed thereon. As so modified, the judgment was affirmed, and the matter was remitted to the Supreme Court, Queens County, for the imposition of sentence with respect to the conviction of murder in the second degree (see, People v. Martinez, 144 A.D.2d 699, 535 N.Y.S.2d 3).

As he did on the prior appeal to this court, arising from the same trial, the defendant again challenges the trial court's evidentiary ruling barring the admission of evidence of the deceased's prior conviction for sexual assault, arguing that this evidence was crucial to his defense of justification. However, this court's rejection of the defendant's claim on the first appeal constitutes the law of the case, and, absent a showing of "manifest error" in the prior decision or that "exceptional circumstances exist warranting departure from the law of the case doctrine", the defendant is precluded from having this issue reconsidered (People v. Barnes, 155 A.D.2d 468, 469, 547 N.Y.S.2d 131, quoting from People v. Taylor, 87 A.D.2d 771, 772, 450 N.Y.S.2d 370, affd 57 N.Y.2d 729, 454...

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10 cases
  • People v. Quartararo
    • United States
    • New York Supreme Court — Appellate Division
    • 31 Mayo 1994
    ...us to arrive at a conclusion, on the merits, which we ourselves thought was manifestly erroneous (see, e.g., People v. Martinez, 194 A.D.2d 741, 741-742, 600 N.Y.S.2d 250, citing People v. Barnes, 155 A.D.2d 468, 547 N.Y.S.2d 131; People v. Taylor, 87 A.D.2d 771, 450 N.Y.S.2d 370, aff'd 57 ......
  • People v. Kaval
    • United States
    • New York Supreme Court — Appellate Division
    • 5 Mayo 2021
    ...departure from the law of the case doctrine’ " ( People v. Baker, 139 A.D.3d 1078, 1079, 32 N.Y.S.3d 288, quoting People v. Martinez, 194 A.D.2d 741, 741–742, 600 N.Y.S.2d 250 [internal quotation marks omitted]; see People v. Barnes, 155 A.D.2d 468, 469, 547 N.Y.S.2d 131 ). As such, the Peo......
  • People v. Bonds
    • United States
    • New York Supreme Court — Appellate Division
    • 27 Mayo 2015
    ...departure from the law of the case doctrine, the defendant is precluded from having this issue reconsidered” (People v. Martinez, 194 A.D.2d 741, 741–742, 600 N.Y.S.2d 250 [internal quotation marks omitted]; see People v. Boone, 84 A.D.3d 1108, 1109, 925 N.Y.S.2d 512 ). Under the circumstan......
  • People v. Baker, 2014-00389, Ind. No. 670/09.
    • United States
    • New York Supreme Court — Appellate Division
    • 25 Mayo 2016
    ...departure from the law of the case doctrine,’ the defendant is precluded from having this issue reconsidered” (People v. Martinez, 194 A.D.2d 741, 741–742, 600 N.Y.S.2d 250, quoting People v. Barnes, 155 A.D.2d 468, 469, 547 N.Y.S.2d 131 ; see People v. Riley, 22 A.D.3d 609, 610, 802 N.Y.S.......
  • Request a trial to view additional results

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