People v. Antonio Martinez
AD1 order dated November 12, 2013, affirming judgment of
conviction. Decision below: 111 AD3d 430, 975 NYS2d 5.
Andrias, J. (AD dissenter), granted leave January 16, 2014.
Argued October 14, 2015.
ISSUE PRESENTED: Whether the imposition after trial of the
maximum sentence of imprisonment where the People made a pretrial
offer of probation unconstitutionally penalized the defendant
for going to trial. (Assigned counsel: David Klem & Robert S.
Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor,
unconstitutional sentence enhancement for going to trial