During a sentence hearing today, his lawyer, Arthur Aidala, tried to have the charges dismissed.
However, as the Daily News reported, Manhattan Supreme Court Judge Melissa Jackson denied the request, stating that there was sufficient evidence to support the crime.
Per the Daily News:
Aidala argued that Martin was so intoxicated he couldn't be held accountable for murder by displaying a "depraved indifference to life.”
"You can't say someone who doesn't know what the heck they are doing is depraved — because your brain isn't working with enough synapses to make that judgement," he said.
“Because he was so intoxicated on this cocktail of drugs, he couldn't make decisions the law says he has to be able to make. If he was sober, he would be 100% guilty.”
Sentencing is now schedule for Nov. 4. Martin, 35, faces up to life in prison.
Previously on EV Grieve:
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Crowdsourcing campaign for injured East Village Farm and Grocery worker raises nearly $19,000
Report: Injured East Village Farm and Grocery florist has lost his memory, use of his voice
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