Appellate Division of the Supreme Court of New York, 2011

People v. Rivera

Appellate Division of the Supreme Court of New York · Decided May 10, 2011

84 A.D.3d 980; 922 N.Y.S.2d 798

Cases that cite this one

13 later published cases cite this decision.

People v. John (Appellate Division of the Supreme Court of New York 2014)
People v. Darwin (Appellate Division of the Supreme Court of New York 2013)
People v. Darwin (Appellate Division of the Supreme Court of New York 2013)
People v. Parker (Appellate Division of the Supreme Court of New York 2013)
People v. Parker (Appellate Division of the Supreme Court of New York 2013)
People v. Gonzalez (Appellate Division of the Supreme Court of New York 2012)
People v. Gonzalez (Appellate Division of the Supreme Court of New York 2012)
People v. Franklin (Appellate Division of the Supreme Court of New York 2012)
People v. Franklin (Appellate Division of the Supreme Court of New York 2012)
People v. Karim (Appellate Division of the Supreme Court of New York 2011)
People v. Hickman (Appellate Division of the Supreme Court of New York 2011)
People v. Wilson (Appellate Division of the Supreme Court of New York 2011)
People v. Peterson (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

Appeal by the defendant from an order of the Supreme Court, Queens County (Kron, J.), dated May 25, 2010, which denied, without a hearing, his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on March 1, 2005.

Ordered that the order is affirmed.

Contrary to the defendant’s contention, the Supreme Court providently exercised its discretion in denying his motion for *981resentencing on substantial justice grounds. The defendant has an extensive criminal record dating back to 1989, which includes a conviction for the violent felony offense of robbery in the first degree, and two prior drug-related felonies. Further, all three of the defendant’s drug-related felony offenses were committed while he was on parole. Under the circumstances, considerations of substantial justice support the Supreme Court’s determination to deny the motion (see People v Colon, 77 AD3d 849, 850 [2010]; People v Curry, 52 AD3d 732 [2008]; People v Perez, 57 AD3d 921, 922 [2008]; People v Stamps, 50 AD3d 827, 828 [2008]; People v Flores, 50 AD3d 1156, 1156-1157 [2008]; People v Sanders, 36 AD3d 944, 946-947 [2007]). Dillon, J.E, Florio, Balkin and Eng, JJ., concur.

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