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People v. Jermaine

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 2008
50 A.D.3d 282 (N.Y. App. Div. 2008)

Opinion

No. 3236.

April 1, 2008.

Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about May 3, 2007, which denied defendant's motion to be resentenced pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643), unanimously affirmed.

Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Heather Volik, New York, for appellant.

Robert M. Morgenthau, District Attorney, New York (Britta Gilmore of counsel), for respondent.

Before: Gonzalez, J.P., Williams, Catterson and Moskowitz, JJ.


In concluding that substantial justice dictated denial of defendant's application, the court did not rely solely on defendant's advantageous plea bargain, but properly considered the totality of circumstances including the amount of drugs involved in this case and defendant's extensive history of large scale drug trafficking ( see People v Salcedo, 40 AD3d 356, lv dismissed 9 NY3d 850; People v Gonzalez, 29 AD3d 400, lv denied 7 NY3d 867). The court properly concluded that defendant's positive prison record during his most recent incarceration did not overcome the factors weighing against resentencing.


Summaries of

People v. Jermaine

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 2008
50 A.D.3d 282 (N.Y. App. Div. 2008)
Case details for

People v. Jermaine

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE JONES…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 1, 2008

Citations

50 A.D.3d 282 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2901
855 N.Y.S.2d 69