Opinion
2012-11-27
The PEOPLE of the State of New York, Respondent, v. Derrick JORDAN, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Elizabeth Mosher of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karinna M. Arroyo of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Elizabeth Mosher of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karinna M. Arroyo of counsel), for respondent.
TOM, J.P., SAXE, RICHTER, ABDUS–SALAAM, FEINMAN, JJ.
Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or about January 5, 2012, which denied defendant's CPL 440.46 applications for resentencing, unanimously affirmed.
The court properly exercised its discretion in determining that substantial justice dictated denial of defendant's resentencing applications ( see e.g. People v. Anonymous, 85 A.D.3d 414, 415, 924 N.Y.S.2d 365 [1st Dept.2011],lv. denied18 N.Y.3d 922, 942 N.Y.S.2d 461, 965 N.E.2d 963 [2012] ). Although defendant claims to have been a mere street level seller, there are significant and reliable indicia of higherlevel trafficking, including the fact that two of defendant's convictions involved sales of half an ounce or more of cocaine. In addition, defendant's recordincludes repeated violations of parole, seven tier II prison disciplinary violations, and a pattern of serious misconduct against women while at liberty. The mitigating factors cited by defendant failed to outweigh the aggravating factors in his background.