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People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Jan 13, 2004
3 A.D.3d 352 (N.Y. App. Div. 2004)

Opinion

2682.

Decided January 13, 2004.

Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered November 4, 1999, convicting defendant, after a nonjury trial, of manslaughter in the second degree, and sentencing him to a term of 4 to 12 years, unanimously affirmed.

Melissa R. DiPalo, for Respondent.

Justin Levine Pro Se, for Defendant-Appellant.

Before: Buckley, P.J., Tom, Ellerin, Marlow, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility ( see People v. Gaimari, 176 N.Y. 84, 94). The credible evidence clearly established defendant's reckless conduct.

The record establishes that defendant received effective assistance of counsel ( see People v. Benevento, 91 N.Y.2d 708, 713-714; see also Strickland v. Washington, 466 U.S. 668).

Defendant's sentence was not unconstitutional, and we perceive no basis for reducing the sentence in the interest of justice.

We have considered and rejected the remaining claims contained in defendant's pro se supplemental brief.

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


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Jan 13, 2004
3 A.D.3d 352 (N.Y. App. Div. 2004)
Case details for

People v. Martinez

Case Details

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

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

Date published: Jan 13, 2004

Citations

3 A.D.3d 352 (N.Y. App. Div. 2004)
769 N.Y.S.2d 896