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People v. Medina

Appellate Division of the Supreme Court of New York, Second Department
Feb 15, 2011
81 A.D.3d 853 (N.Y. App. Div. 2011)

Opinion

No. 2010-00397.

February 15, 2011.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Gary, J.), imposed December 11, 2009, pursuant to CPL 440.46, after a hearing, upon his conviction of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, which sentence was originally imposed, upon his plea of guilty, on November 3, 2004.

Lynn W. L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Caroline R. Donhauser, and Terrence F. Heller of counsel), for respondent.

Angiolillo, J.P., Hall, Roman and Cohen, JJ.


Ordered that the resentence is affirmed.

The Supreme Court providently exercised its discretion in resentencing the defendant to a determinate term of imprisonment of 5½ years, with three years of postrelease supervision ( see People v Newton, 48 AD3d 115, 119-120). In light of the defendant's disciplinary history while incarcerated, which included 10 disciplinary citations, and his history of committing crimes while on parole, a further reduction of the defendant's sentence was not warranted ( see CPL 440.46; People v Almanzar, 43 AD3d 825; cf. People v Colon, 77 AD3d 849).


Summaries of

People v. Medina

Appellate Division of the Supreme Court of New York, Second Department
Feb 15, 2011
81 A.D.3d 853 (N.Y. App. Div. 2011)
Case details for

People v. Medina

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEL MEDINA, Appellant

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

Date published: Feb 15, 2011

Citations

81 A.D.3d 853 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 1305
916 N.Y.S.2d 831

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