People v. Martinez, 95 A.D.3d 462 (N.Y. App. Div. 2012). · Go Syfert
People v. Martinez, 95 A.D.3d 462 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Fields (nyappdiv, 2014-03-05)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Fields
N.Y. App. Div. · 2014 · confidence medium
Moreover, most of the challenged remarks during summation constituted fair comment on the evidence, were responsive to arguments made by the defense, or remained within the “broad bounds of rhetorical comment permissible in closing arguments” (People v Galloway, 54 NY2d 396, 399 [1981]; see People v Burgos, 97 AD3d 689, 690 [2012]; People v Martinez, 95 AD3d 462, 462 [2012]; People v Dunbar, 74 AD3d 1227, 1228 [2010]).
discussed Cited as authority (rule) People v. Fields
N.Y. App. Div. · 2014 · confidence medium
Moreover, most of the challenged remarks during summation constituted fair comment on the evidence, were responsive to arguments made by the defense, or remained within the “broad bounds of rhetorical comment permissible in closing arguments” (People v Galloway, 54 NY2d 396, 399 [1981]; see People v Burgos, 97 AD3d 689, 690 [2012]; People v Martinez, 95 AD3d 462, 462 [2012]; People v Dunbar, 74 AD3d 1227, 1228 [2010]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Ernesto Martinez
Appellate Division of the Supreme Court of the State of New York.
May 3, 2012.
95 A.D.3d 462
Cited by 5 opinions  |  Published

Judgment, Supreme Court, New York County (John Cataldo, J., at hearing; Bruce Allen, J., at trial, plea, and sentencing), rendered September 9, 2009, convicting defendant, after a jury trial, of robbery in the first and second degrees, and, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second violent felony offender, to an aggregate term of 10 years, unanimously affirmed.

The trial court properly exercised its discretion in admitting testimony that the police apprehended defendant on a subway train after recognizing him from a wanted poster bearing his photograph. The testimony was admitted not for its truth, but to provide background information explaining why the police approached and arrested defendant at the particular time and place in question (see People v Tosca, 98 NY2d 660 [2002]). Under the circumstances, to leave the officers’ actions unexplained “would have placed a mystery before the jury and invited speculation” (People v Barnes, 57 AD3d 289, 290 [2008], lv denied 12 NY3d 781 [2009]). Furthermore, the court provided a suitable limiting instruction, which the jury is presumed to have followed. In particular, we find there was no danger that the jury would draw an inference that anyone other than testifying witness gave any information to the police (compare United States v Reyes, 18 F3d 65, 70-71 [1994]).

The challenged portion of the prosecutor’s summation did not deprive defendant of a fair trial. The prosecutor did not act as an unsworn expert witness on the issue of eyewitness identification. Instead, in response to counsel’s summation, the prosecutor essentially asked the jurors to apply ordinary life experiences and common sense.

We have considered and rejected defendant’s remaining claims. Concur — Tom, J.E, Andrias, DeGrasse, Richter and Román, JJ.