Appellate Division of the Supreme Court of New York, 2008

People v. Martinez

Appellate Division of the Supreme Court of New York · Decided October 14, 2008

55 A.D.3d 753; 864 N.Y.S.2d 776

Cases that cite this one

4 later published cases cite this decision.

People v. Cruz (Appellate Division of the Supreme Court of New York 2016)
People v. Arnold (Appellate Division of the Supreme Court of New York 2016)
People v. Bens (Appellate Division of the Supreme Court of New York 2009)
People v. Lara (Appellate Division of the Supreme Court of New York 2009)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

by the defendant "from a resentence of the Supreme Court, Kings County (Marras, J.), dated June 22, 2006, pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23), imposed after a hearing, the resentence being concurrent determinate prison terms of 20 years and a period of postrelease supervision of 5 years, upon his conviction of criminal sale of a controlled substance in the first degree (two counts), upon a jury verdict.

Ordered that the resentence is affirmed.

*754The defendant’s contention that the resentence imposed improperly penalized him for exercising his right to a trial is unpreserved for appellate review, since he did not set forth the issue on the record at the time of resentencing (see People v Hargroves, 27 AD3d 765, 765-766 [2006]). In any event, the contention is without merit (id.; see People v Durkin, 132 AD2d 668 [1987]; see also People v Martinez, 289 AD2d 259, 259-260 [2001]; People v Bellilli, 270 AD2d 355 [2000]). The resentence imposed was not otherwise excessive (see People v Suitte, 90 AD2d 80 [1982]). Lifson, J.P., Ritter, Miller and Balkin, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.