People v. Suya
Cases that cite this one
1 later published case cites this decision.
- People v. Cristostomo (Appellate Division of the Supreme Court of New York 2012)
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
As conceded by the People, defendant’s 1999 robbery conviction did not constitute an “exclusion offense” that rendered him ineligible for resentencing pursuant to CPL 440.46. Nevertheless, the court properly exercised its discretion in concluding that substantial justice dictated denial of defendant’s application for resentencing (see People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Defendant’s criminal record is very serious and includes violent crimes. In addition, his prison disciplinary record is extraordinarily poor. Concur — Saxe, J.E, Friedman, Acosta, DeGrasse and Abdus-Salaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.