Appellate Division of the Supreme Court of New York, 2011

People v. Estela

Appellate Division of the Supreme Court of New York · Decided January 25, 2011

80 A.D.3d 526; 914 N.Y.S.2d 893

Cases that cite this one

1 later published case cites this decision.

People v. Anonymous (Appellate Division of the Supreme Court of New York 2011)

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

— Order, Supreme *527Court, New York County (Rena K. Uviller, J.), entered on or about March 24, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

The court considered the appropriate factors and properly exercised its discretion in denying resentencing. Given defendant’s extensive criminal record, the serious infraction he committed while incarcerated and his history of absconding, the court properly concluded that substantial justice dictated denial of the motion (see e.g. People v Hidalgo, 47 AD3d 455 [2008]). Concur — Saxe, J.P., Moskowitz, Richter, Manzanet-Daniels and Román, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.