People v. Martinez

3 Citing cases

  1. People v. Youngblood

    304 A.D.2d 333 (N.Y. App. Div. 2003)   Cited 1 times

    Contrary to defendant's argument, the use of the less than optimally specific term "knife" in the indictment to describe the deadly weapon allegedly utilized by defendant in committing the charged robberies did not render the indictment jurisdictionally defective (see People v. Singleton, 72 N.Y.2d 845; People v. Delacruz, 247 A.D.2d 223). The trial court properly permitted the People to introduce evidence of uncharged criminal conduct since such conduct clearly and convincingly demonstrated a unique modus operandi and was thus relevant to establishing defendant's identity as the perpetrator of the charged robberies (see People v. Martinez, 237 A.D.2d 217, lv denied 90 N.Y.2d 941). We have considered defendant's remaining contentions and find them unavailing.

  2. People v. Ruch

    288 A.D.2d 919 (N.Y. App. Div. 2001)

    Defendant contends that reversal is required based on County Court's refusal to dismiss two prospective jurors for cause. We disagree. "[B]ecause defendant had not exercised all of his peremptory challenges by the completion of jury selection, even an erroneous ruling denying a challenge for cause would not constitute reversible error" ( People v. Martinez, 237 A.D.2d 217, lv denied 90 N.Y.2d 941; see, CPL 270.20; People v. Brown, 269 A.D.2d 817, lv denied 95 N.Y.2d 794; People v. Jackson, 262 A.D.2d 1031, lv denied 94 N.Y.2d 881). Contrary to defendant's further contention, the record establishes that the People served a CPL 710.30 notice.

  3. People v. Garey

    243 A.D.2d 844 (N.Y. App. Div. 1997)   Cited 2 times

    Defendant now appeals. Initially, we reject defendant's contention that he was denied due process of law because the last four or five pages of the probation hearing transcript were lost. Defendant has failed to show that he was prejudiced thereby inasmuch as the available record permits adequate review of the issues raised by defendant ( see, People v. Harrison, 85 N.Y.2d 794, 796; People v. Martinez, 237 A.D.2d 217; People v. Yanowitch, 227 A.D.2d 225, lv denied 88 N.Y.2d 997; People v. Rick, 224 A.D.2d 790, lv denied 88 N.Y.2d 852). Nor has he demonstrated that these pages contain genuine appealable issues ( see, People v. Griffin, 135 A.D.2d 730, 731). We further find that the testimony adduced at the probation hearing established by a preponderance of the evidence that defendant violated the terms of his probation ( see, CPL 410.70; see also, People u Compagni, 241 A.D.2d 573). The record reveals that defendant was aware of and understood the conditions of his probation.