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People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 2005
22 A.D.3d 318 (N.Y. App. Div. 2005)

Opinion

6748.

October 13, 2005.

Judgment, Supreme Court, New York County (John A.K. Bradley, J.), rendered March 26, 2001, convicting defendant, after a jury trial, of attempted burglary in the first degree and possession of burglar's tools, and sentencing him, as a second felony offender, to concurrent terms of eight years and one year, respectively, unanimously affirmed.

Wiseman Hoffmann, New York (Timothy Alnwick of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Deborah L. Morse of counsel), for respondent.

Before: Tom, J.P., Saxe, Nardelli, Catterson and Malone, JJ.


The verdict was supported by legally sufficient evidence ( see e.g. People v. Williams, 84 NY2d 925). Defendant was not convicted on the basis of his mere presence at the scene, but upon an extensive chain of circumstantial evidence that established his guilt beyond a reasonable doubt.

Testimony from a doctor who treated defendant did not violate the physician-patient privilege. Once defendant waived that privilege for a particular purpose, the privilege was destroyed for all purposes, regardless of whether defendant had intended to limit his waiver ( People v. Bloom, 193 NY 1, 7-8; Matter of Farrow v. Allen, 194 AD2d 40, 43-44).

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 2005
22 A.D.3d 318 (N.Y. App. Div. 2005)
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: Oct 13, 2005

Citations

22 A.D.3d 318 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 7593
804 N.Y.S.2d 293

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