People v. Martinez-Ramos
| Court | New York Supreme Court Appellate Division |
| Citation | 22 N.Y.S.3d 907 (Mem),135 A.D.3d 965 |
| Parties | The PEOPLE, etc., respondent, v. Henry MARTINEZ–RAMOS, appellant. |
| Decision Date | 27 January 2016 |
135 A.D.3d 965
22 N.Y.S.3d 907 (Mem)
The PEOPLE, etc., respondent,
v.
Henry MARTINEZ–RAMOS, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Jan. 27, 2016.
Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Tammy J. Smiley and W. Thomas Hughes of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Corrigan, J.), rendered July 7, 2014, convicting him of murder in the second degree, tampering with physical evidence, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Contrary to the defendant's contention
, the evidence with respect to the charge of murder in the second degree was legally sufficient to disprove his justification defense beyond a reasonable doubt (see Penal Law § 35.15 ; People v. Postell, 217 A.D.2d 669, 629 N.Y.S.2d 480 ).
Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5] ; People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v. Mateo, 2 N.Y.3d 383, 779 N.Y.S.2d 399, 811 N.E.2d 1053 ; People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero,...
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People v. Edwards, 2014–08534
...was legally sufficient to disprove the defendant's justification defense beyond a reasonable doubt (see People v. Martinez–Ramos , 135 A.D.3d 965, 965–966, 22 N.Y.S.3d 907 ; People v. Candelaria , 206 A.D.2d 385, 385–386, 614 N.Y.S.2d 432 ; People v. Fousse , 167 A.D.2d 416, 561 N.Y.S.2d 82......
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People v. Gott, 2016–03003
...for reviewing the defendant's claim in its entirety (see People v. Spencer, 149 A.D.3d at 983, 52 N.Y.S.3d 430 ; People v. Marryshow, 135 A.D.3d at 965, 24 N.Y.S.3d 170 ; People v. Maxwell, 89 A.D.3d at 1109, 933 N.Y.S.2d 386 ). BALKIN, J.P., AUSTIN, LASALLE and IANNACCI, JJ.,...
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People v. Caine
...a CPL 440.10 proceeding is the appropriate forum for reviewing the defendant's claim in its entirety (see People v. Marryshow, 135 A.D.3d at 965, 24 N.Y.S.3d 170 ; People v. Maxwell, 89 A.D.3d at 1109, 933 N.Y.S.2d 386 ; cf. People v. Maldonado, 116 A.D.3d 980, 983 N.Y.S.2d 635 ).DILLON, J.......
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People v. Marryshow, 2014-06681
...132; People v. Strong, 80 A.D.3d 717, 914 N.Y.S.2d 679; People v. Bravo, 72 A.D.3d 697, 698, 899 N.Y.S.2d 280). Likewise, the court's 135 A.D.3d 965 statement to the defendant, who was not a United States citizen, that his plea of guilty would lead to his removal from the United States, pro......
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People v. Edwards, 2014–08534
...was legally sufficient to disprove the defendant's justification defense beyond a reasonable doubt (see People v. Martinez–Ramos , 135 A.D.3d 965, 965–966, 22 N.Y.S.3d 907 ; People v. Candelaria , 206 A.D.2d 385, 385–386, 614 N.Y.S.2d 432 ; People v. Fousse , 167 A.D.2d 416, 561 N.Y.S.2d 82......
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People v. Gott, 2016–03003
...for reviewing the defendant's claim in its entirety (see People v. Spencer, 149 A.D.3d at 983, 52 N.Y.S.3d 430 ; People v. Marryshow, 135 A.D.3d at 965, 24 N.Y.S.3d 170 ; People v. Maxwell, 89 A.D.3d at 1109, 933 N.Y.S.2d 386 ). BALKIN, J.P., AUSTIN, LASALLE and IANNACCI, JJ.,...
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People v. Caine
...a CPL 440.10 proceeding is the appropriate forum for reviewing the defendant's claim in its entirety (see People v. Marryshow, 135 A.D.3d at 965, 24 N.Y.S.3d 170 ; People v. Maxwell, 89 A.D.3d at 1109, 933 N.Y.S.2d 386 ; cf. People v. Maldonado, 116 A.D.3d 980, 983 N.Y.S.2d 635 ).DILLON, J.......
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People v. Marryshow, 2014-06681
...132; People v. Strong, 80 A.D.3d 717, 914 N.Y.S.2d 679; People v. Bravo, 72 A.D.3d 697, 698, 899 N.Y.S.2d 280). Likewise, the court's 135 A.D.3d 965 statement to the defendant, who was not a United States citizen, that his plea of guilty would lead to his removal from the United States, pro......