People v. Adams

Decision Date29 November 2017
Docket NumberInd. No. 276/04,2014–12013
Citation155 A.D.3d 1058,64 N.Y.S.3d 586 (Mem)
Parties The PEOPLE, etc., respondent, v. Jarian ADAMS, appellant.
CourtNew York Supreme Court — Appellate Division

Seymour W. James, Jr., New York, N.Y. (David Crow of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.

RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, LEONARD B. AUSTIN, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated December 15, 2014, which denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal possession of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on September 14, 2005.

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 parole (see People v. Perez, 127 A.D.3d 884, 4 N.Y.S.3d 902 ; People v. John, 120 A.D.3d 591, 990 N.Y.S.2d 827 ; People v. George, 118 A.D.3d 1019, 987 N.Y.S.2d 459 ). Further, his prison disciplinary record indicates four Tier II violations. Moreover, and significantly, the defendant has had recent convictions for robbery and aggravated assault in New Jersey. Accordingly, substantial justice dictated that the defendant's motion be denied (see People v. John, 120 A.D.3d at 591, 990 N.Y.S.2d 827 ; People v. George, 118 A.D.3d at 1019–1020, 987 N.Y.S.2d 459 ; People v. Vidal, 111 A.D.3d 967, 968, 975 N.Y.S.2d 468 ).

BALKIN, J.P., LEVENTHAL, AUSTIN and IANNACCI, JJ., concur.

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