Legal Opinion
People v. Alvarez
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 2012PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about January 19, 2011, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.
The court providently exercised its discretion in determining that substantial justice dictated denial of resentencing, given defendant’s violent criminal history and poor prison disciplinary record (see e.g. People v Rodriguez, 86 AD3d 441 [2011], lv denied 17 NY3d 861 [2011]). Defendant’s attempt to minimize his violent conduct is unpersuasive. Defendant also argues that the underlying sentence was harsh and…
2Cases cited3 opinions
- MATTER OF SUFFOLK REGIONAL OFF-TRACK BETTING CORP. v. New York State Racing & Wagering Bd.New York Court of Appeals · 2008
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2007
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by6 opinions
- People v. SaffoldAppellate Division of the Supreme Court of the State of New York · 2017
- ENCARNACION, BERNABE, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
- People v. EncarnacionAppellate Division of the Supreme Court of the State of New York · 2012
- People v. EncarnacionAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SaffoldAppellate Division of the Supreme Court of the State of New York · 2017
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