People v. Herrera

Full title: The People of the State of New York, Respondent, v. Steven Herrera…

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

Date published: Jan 12, 2016

135 A.D.3d 482 (N.Y. App. Div. 2016)

2016 N.Y. Slip Op. 101

22 N.Y.S.3d 825

Opinion

5879 58702 16600 16599

01-12-2016

The People of the State of New York, Respondent, v. Steven Herrera, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Sara Noble Maeder of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Joshua L. Haber of counsel), for respondent.

Renwick, J.P., Andrias, Saxe, Moskowitz, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Sara Noble Maeder of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Joshua L. Haber of counsel), for respondent.

Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about November 24, 2014, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

Substantial justice dictates denial of resentencing, based on consideration of all relevant facts and circumstances. The mitigating factors cited by defendant are outweighed by the fact that he absconded from a drug treatment diversion program, and was convicted of two separate felonies, including robbery, while on parole from the drug conviction at issue (see e.g. People v Moore, 112 AD3d 481 [1st Dept 2013], lv denied 22 NY3d 1140 [2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 12, 2016

CLERK