People v. Paniagua
| Decision Date | 07 November 2007 |
| Citation | 848 N.Y.S.2d 610,878 N.E.2d 1026,9 N.Y.3d 992 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | PEOPLE v. PANIAGUA. |
Appeal from 1st Dept.: 45 A.D.3d 98, 841 N.Y.S.2d 506 (NY).
Application for Leave to Criminal Appeal denied. (Ciparick. J.).
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4 cases
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People v. Moore
...rejected defendant's constitutional arguments (see People v. Paniagua, 45 A.D.3d 98, 109–110, 841 N.Y.S.2d 506 [1st Dept. 2007], lv denied 9 N.Y.3d 992, 848 N.Y.S.2d 610, 878 N.E.2d 1026 [2007]...
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People v. Horning
...705, 901 N.E.2d 196 ) and without merit (see People v. Paniagua, 45 A.D.3d 98, 109–110, 841 N.Y.S.2d 506 [1st Dept.2007], lv. denied 9 N.Y.3d 992, 848 N.Y.S.2d 610, 878 N.E.2d 1026 [2007] ). Since the denial of resentencing was correct, this Court has no lawful basis upon which to reduce de......
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People v. Mack
... ... Under these circumstances, we find that the failure to discuss the waiver of appeal requirement does not invalidate the waiver ( see People v. Paniagua 45 A.D.3d 98, 841 N.Y.S.2d 506 [2007], lv. denied 9 N.Y.3d 992, 848 N.Y.S.2d 610, 878 N.E.2d 1026 [2007]; People v. Bennett, 31 A.D.3d 298, 818 N.Y.S.2d 220 [2006], lv. denied 7 N.Y.3d 846, 823 N.Y.S.2d 775, 857 N.E.2d 70 [2006] ).In any event, we find that the three-year period of postrelease ... ...
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People v. Roosevelt
... ... 2005, ch. 643), unanimously affirmed.Defendant incurred serious disciplinary infractions while incarcerated and was therefore ineligible to earn merit time under Correction Law 803(1)(d). Accordingly, he is not eligible for resentencing under the DLRA ( see People v. Paniagua, 45 A.D.3d 98, 841 N.Y.S.2d 506 [2007], lv. denied 9 N.Y.3d 992, 848 N.Y.S.2d 610, 878 N.E.2d 1026 [2007] ). In any event, the record supports the court's conclusion that substantial justice would dictate the denial of the application.TOM, J.P., MAZZARELLI, FRIEDMAN, RENWICK, DeGRASSE, JJ., ... ...