AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

THE PEOPLE, etc., respondent, v. ANTONIO MARTINEZ, appellant. (Ind. No. 2421/96)

DECISION ORDER

ORDERED that the judgment is reversed, on the law, and a new trial is ordered.

The trial court erred in permitting the arresting detective to testify that he had interviewed and obtained the statements of two men, who were not called as witnesses at the trial, that he "was armed with some information", obtained a photograph of the defendant, and subsequently arrested the defendant. Such testimony implied that these men identified the defendant as the perpetrator of the subject crimes (see, People v. Brazzeal, 172 A.D.2d 757, 761-762 ; People v. Cummings, 109 A.D.2d 748, 749-750 ; People v. Cruz, 100 A.D.2d 882 ). Under the circumstances herein, the error was not harmless.

In light of our determination, we need not reach the defendant's remaining contentions.

Use AI to get other relevant cases.

Comments

PEOPLE v. MARTINEZ
(Feb 28, 2000)