From Casetext: Smarter Legal Research

People v. Perez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 8, 2015
2015 N.Y. Slip Op. 2987 (N.Y. App. Div. 2015)

Opinion

2013-09666

04-08-2015

The People of the State of New York, respondent, v. James Perez, appellant.(S.C.I. No. 5180/04)

Lynn W. L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Caroline R. Donhauser of counsel), for respondent.


THOMAS A. DICKERSON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

Lynn W. L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Caroline R. Donhauser of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Gubbay, J.), dated October 2, 2013, which, after a hearing, denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on January 12, 2006.

ORDERED that the order is affirmed.

The Supreme Court did not improvidently exercise its discretion in denying the defendant's motion to be resentenced pursuant to CPL 440.46. The defendant has an extensive criminal history, as well as a pattern of repeatedly violating the conditions of his parole (see People v John, 120 AD3d 591; People v George, 118 AD3d 1019). His most recent conviction, for attempted robbery in the first degree, involved his attempt to rob two victims at knifepoint. Accordingly, substantial justice warranted the Supreme Court's conclusion that the defendant's motion be denied (see People v John, 120 AD3d at 591; People v George, 118 AD3d at 1019-1020; People v Vidal, 111 AD3d 967, 968).

RIVERA, J.P., DICKERSON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Perez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 8, 2015
2015 N.Y. Slip Op. 2987 (N.Y. App. Div. 2015)
Case details for

People v. Perez

Case Details

Full title:The People of the State of New York, respondent, v. James Perez…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Apr 8, 2015

Citations

2015 N.Y. Slip Op. 2987 (N.Y. App. Div. 2015)