Appellate Division of the Supreme Court of New York, 2012

People v. Rivera

Appellate Division of the Supreme Court of New York · Decided February 14, 2012

92 A.D.3d 523; 938 N.Y.2d 433

Cases that cite this one

2 later published cases cite this decision.

People v. Graham (Appellate Division of the Supreme Court of New York 2012)
People v. Graham (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

*524The court properly exercised its discretion in determining that substantial justice dictated denial of the motion (see e.g. People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Defendant had an extensive criminal history and a poor prison disciplinary record, and these factors outweighed any mitigating factors. In particular, defendant had an opportunity to have the underlying drug conviction reduced to a misdemeanor by completing a drug treatment program; instead, he absconded from the program and committed a robbery. Concur— Tom, J.E, Andrias, Catterson, Richter and Abdus-Salaam, JJ. [Prior Case History: 27 Misc 3d 1217(A), 2010 NY Slip Op 50788(U).]

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