People v. Johnson

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: MAZZARELLI
• Citation: People v. Johnson, 2014 NY Slip Op 3587, 117 A.D.3d 537, 985 N.Y.S.2d 555 (N.Y. App. Div. 2014)
• Decision Date: 15 May 2014
• Parties: The PEOPLE of the State of New York, Respondent, v. David JOHNSON, Defendant–Appellant.

117 A.D.3d 537

985 N.Y.S.2d 555

2014 N.Y. Slip Op. 03587

The PEOPLE of the State of New York, Respondent,

v.David JOHNSON, Defendant–Appellant.

Supreme Court, Appellate Division, First Department, New York.

May 15, 2014.

Steven Banks, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of counsel), for respondent.

MAZZARELLI, J.P., ANDRIAS, DeGRASSE, MANZANET–DANIELS, FEINMAN, JJ.

Order, Supreme Court, New York County (Lewis Bart Stone, J.), entered on or about October 24, 2011, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated denial of defendant's application. In affirming an order which denied resentencing on defendant's class A–II felony conviction, this Court noted defendant's “role as a leader of an extensive and violent drug trafficking enterprise” (51 A.D.3d 598, 857 N.Y.S.2d 494 [1st Dept.2008] ). The record does not support defendant's argument that the court applied an incorrect standard, allegedly treating defendant's present motion as one for reargument of the denial of resentencing on the A–II felony. The court merely found that the same factors that warranted denial of defendant's prior motion, i.e., his leadership role in the enterprise, also warranted denial of his present motion,...