The Second Department said that a man convicted of second-degree murder was "unfairly deprived" of presenting an extreme emotional disturbance defense at trial because a prosecutor said during voir dire and cross-examination that his expert witness had lied in this case and others.
May 06, 2015 at 05:00 AM
1 minute read
Citing improper statements by a prosecutor, an appellate court vacated a Staten Island man’s 2013 second-degree murder conviction and prison sentence of 41 years to life.
A unanimous panel of the Appellate Division, Second Department, also ruled in People v. Martinez, 392/11, to send the case back to Staten Island Supreme Court for a new trial for Asim Martinez but maintained his conviction of second-degree criminal possession of a weapon.
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