Appellate Division of the Supreme Court of New York, 2012

People v. Anonymous

Appellate Division of the Supreme Court of New York · Decided September 27, 2012

98 A.D.3d 913; 950 N.Y.S.2d 906

Cases that cite this one

2 later published cases cite this decision.

People v. Ford (Appellate Division of the Supreme Court of New York 2013)
People v. Ford (Appellate Division of the Supreme Court of New York 2013)

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 Court, New York County, (Charles H. Solomon, J.), entered on or about November 29, 2011, which, upon remand from this Court (87 AD3d 443 [1st Dept 2011]), adhered to its prior order denying defendant’s CEL 440.46 motion for resentencing, unanimously affirmed.

*914The court properly exercised its discretion in determining that substantial justice dictated denial of the motion (see e.g. People v Gonzalez, 29 AD3d 400 [1st Dept 2006], lv denied 7 NY3d 867 [2006]). Defendant’s extensive criminal record and 30 prison disciplinary infractions outweighed the positive factors cited by defendant (see e.g. People v Murray, 89 AD3d 567 [1st Dept 2011], lv denied 18 NY3d 960 [2012]). Concur — Tom, J.P., Mazzarelli, Saxe, Catterson and DeGrasse, JJ.

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