Legal Opinion

People v. Campbell

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 2014Published

1Opinion of the Court

Order, Supreme Court, New York County (Ronald A. Zweibel, J), entered on or about October 7, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated the denial of defendant’s motion for resentencing (see e.g. People v Gonzalez, 29 AD3d 400 [1st Dept 2006], lv denied 7 NY3d 867 [2006]) in light of his “chronic inability to control his behavior while at liberty” (People v Correa, 83 AD3d 555, 556 [1st Dept 2011], lv denied 17 NY3d 805 [2011]). Defendant has numerous…

2Cases cited1 opinion

  1. People v. CorreaAppellate Division of the Supreme Court of the State of New York · 2011

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