People v. Rodriguez
Cases that cite this one
5 later published cases cite this decision.
- People v. Davis (Appellate Division of the Supreme Court of New York 2023)
- People v. Martinez (Appellate Division of the Supreme Court of New York 2012)
- People v. Martinez (Appellate Division of the Supreme Court of New York 2012)
- People v. Hickman (Appellate Division of the Supreme Court of New York 2011)
- People v. Burnett (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
The court considered the appropriate factors and properly exercised its discretion in concluding that substantial justice dictated a denial of resentencing. The underlying drug crime involved a large quantity of cocaine. Defendant was indicted for first-degree criminal possession of a controlled substance, but was permitted to plead guilty to third-degree possession and released on bail pending sentencing. Defendant absconded, remained outside this jurisdiction for many years, and was convicted of a new drug felony, all of which was in violation of his plea agreement. In addition, defendant had absconded while awaiting sentencing on his conviction in Bronx County of criminal possession of a weapon in the third degree. Under the circumstances, evidence of defendant’s rehabilitation while incarcerated was outweighed by the factors militating against resentencing (see People v Marte, 44 AD3d 442 [2007], lv dismissed 9 NY3d 991 [2007]; see also People v Aguirre, 47 AD3d 489 [2008], lv dismissed 10 NY3d 761 [2008]). Concur—Mazzarelli, J.P., Sweeny, Renwick, Richter and Manzanet-Daniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.