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People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Dec 21, 2000
278 A.D.2d 146 (N.Y. App. Div. 2000)

Opinion

December 21, 2000.

Judgment, Supreme Court, Bronx County (Patricia Williams, J.), rendered July 1, 1999, convicting defendant, after a nonjury trial, of burglary in the first degree, robbery in the first degree (two counts), endangering the welfare of a child and unlawful imprisonment in the second degree (two counts), and sentencing him, as a second violent felony offender, to three terms of 15 years and three terms of 1 year, all to run concurrently, unanimously affirmed.

John M. Moreira, for respondent.

David J. Klem, for defendant-appellant.

Before: Nardelli, J.P., Tom, Mazzarelli, Ellerin, Rubin, JJ.


Evidence of uncharged crimes was properly admitted. The other robberies were sufficiently similar to the instant crime to be probative of defendant's identity, particularly because they involved defendant's use of the same distinctive nickname. Moreover, the prejudicial effect of the other crimes was minimized by the fact that this was a nonjury trial where the trier of facts is presumed capable of disregarding prejudicial aspects of evidence (see, People v. Moreno, 70 N.Y.2d 403, 406).

Defendant's remaining argument is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find nothing in the record to suggest that the court's conduct of a hearing affected its ability to reach a fair and impartial verdict (see, People v. Moreno, supra).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Dec 21, 2000
278 A.D.2d 146 (N.Y. App. Div. 2000)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSE MARTINEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 21, 2000

Citations

278 A.D.2d 146 (N.Y. App. Div. 2000)
718 N.Y.S.2d 58

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