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People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 561 (N.Y. App. Div. 1991)

Opinion

January 24, 1991

Appeal from the Supreme Court, New York County (Richard Andrias, J.).


On January 17, 1988 defendant arrived uninvited at the home of his estranged wife. He made overtures of reconciliation that were spurned. After he made threats to burn the apartment which his wife did not take seriously, defendant asked to see his sleeping one-year-old daughter. Defendant was out of sight for several minutes, and when he reappeared he promptly left the apartment. A few minutes later, the bedroom burst into flames. The following morning, defendant visited with his cousin and asked for money to go to New Orleans. Arrested on April 2, 1988, defendant told the fire marshall that he had been expecting him.

Defendant's guilt was established beyond a reasonable doubt. The only reasonable conclusion that can be drawn from the evidence is one of guilt. The fire marshall said that the blaze was purposely set. Defendant threatened to set a fire, and minutes after he had the opportunity to do so, a fire broke out. Defendant thereafter betrayed his consciousness of guilt, and when arrested implicated himself. (Cf., People v Rumble, 45 N.Y.2d 879; People v Sanchez, 61 N.Y.2d 1022.)

The court gave a satisfactory charge on circumstantial evidence, to which there was no objection. Nor did the trial court abuse its discretion in sentencing defendant.

Concur — Sullivan, J.P., Rosenberger, Wallach, Asch and Smith, JJ.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 561 (N.Y. App. Div. 1991)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIAN MARTINEZ…

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

Date published: Jan 24, 1991

Citations

169 A.D.2d 561 (N.Y. App. Div. 1991)
564 N.Y.S.2d 414