People v. Rodriguez

CourtNew York Supreme Court Appellate Division
Citation999 N.Y.S.2d 893 (Mem),125 A.D.3d 491,2015 N.Y. Slip Op. 01390
PartiesThe PEOPLE of the State of New York, Respondent, v. Pedro RODRIGUEZ, Defendant–Appellant.
Decision Date17 February 2015

125 A.D.3d 491
999 N.Y.S.2d 893 (Mem)
2015 N.Y. Slip Op. 01390

The PEOPLE of the State of New York, Respondent
v.
Pedro RODRIGUEZ, Defendant–Appellant.

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

Feb. 17, 2015.


Seymour W. James, Jr., The Legal Aid Society, New York (David Crow of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi–Levi of counsel), for respondent.

Opinion

Order, Supreme Court, New York County (Marcy L. Kahn, J.), entered on or about December 23, 2011, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly determined that substantial justice dictated the denial of defendant's resentencing application. Resentencing is a discretionary determination (see People v. Sosa, 18 N.Y.3d 436, 442–443, 940 N.Y.S.2d 534, 963 N.E.2d 1235[2012] ), and courts may deny the applications of persons who “have shown by their conduct that they do not deserve relief from their sentences” (

999 N.Y.S.2d 894

People v. Paulin, 17 N.Y.3d 238, 244, 929 N.Y.S.2d 36, 952 N.E.2d 1028 [2011] ). Here, defendant's pattern of violence, multiple felony convictions, history of absconding and failure to attempt rehabilitation while incarcerated militated against resentencing.

GONZALEZ, P.J., ACOSTA, SAXE, MANZANET–DANIELS, CLARK, JJ., concur.

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