People v. Martir

Decision Date07 February 1994
Citation609 N.Y.S.2d 795,201 A.D.2d 506
PartiesThe PEOPLE, etc., Respondent, v. Abraham MARTIR, Appellant.
CourtNew York Supreme Court — Appellate Division

Philip L. Weinstein, New York City (David E. Loftis, of counsel), for appellant, and appellant pro se.

Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie, Caroline R. Donhauser, Bruce D. Austern, and Marci Silverman, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered February 3, 1992, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that certain statements that he allegedly made to law enforcement officials were taken in violation of his Miranda rights is not reviewable on this appeal (see, People v. Fernandez, 67 N.Y.2d 686, 499 N.Y.S.2d 919, 490 N.E.2d 838; People v. Lewis, 140 A.D.2d 630, 528 N.Y.S.2d 670; see also, People v. Corti, 88 A.D.2d 345, 453 N.Y.S.2d 439).

The sentence imposed is not unduly harsh or excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

We have considered the defendant's remaining contentions, including those used in his pro se brief, and find them to be without merit.

BRACKEN, J.P., and SULLIVAN, KRAUSMAN and GOLDSTEIN, JJ., concur.

To continue reading

Request your trial
2 cases
  • People v. Martir
    • United States
    • New York Supreme Court Appellate Division
    • 12 juin 1995
    ...by the appellant for a writ of error coram nobis to vacate a decision and order of this court dated February 7, 1994 (People v. Martir, 201 A.D.2d 506, 609 N.Y.S.2d 795), affirming a judgment of the Supreme Court, Kings County (George, J.), rendered February 3, 1992, on the ground of ineffe......
  • People v. Martir
    • United States
    • New York Court of Appeals
    • 1 juin 1994
    ...616 N.Y.S.2d 21 83 N.Y.2d 969, 639 N.E.2d 761 People v. Martir (Abraham) Court of Appeals of New York June 01, 1994 Levine, J. 201 A.D.2d 506, 609 N.Y.S.2d 795 App.Div. 2, Kings Denied. ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT