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People v. Martinez

111 A.D.2d 875 Court N.Y. App. Div. Decision date 1985-06-17 English

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p. 875
The People of the State of New York, Respondent, v Juan R. Martinez, Appellant.

Appeal by defendant, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County (Potoker, J.), rendered April 5, 1984, as convicted him of manslaughter in the second degree, after a nonjury trial, and imposed sentence on that count of 4 to 12 years’ imprisonment.

Judgment modified, as a matter of discretion in the interest of justice, by reducing the aforenoted sentence to a term of imprisonment of 3 to 9 years. As so modified, judgment affirmed, insofar as appealed from.

The evidence adduced at trial, including the admissions contained in defendant’s videotaped statements to the law enforcement authorities, was sufficient to permit a rational trier of fact to conclude that defendant committed the crime of manslaughter in the second degree (Penal Law § 125.15 [1]; § 15.05 [3]; People v Contes, 60 NY2d 620 ; see, People v Licitra, 47 NY2d 554 , rearg denied 53 NY2d 938 ).

p. 876
Under the circumstances of this case, the sentence was excessive to the extent indicated. Lazer, J. P., Gibbons, O’Connor and Brown, JJ., concur.

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