Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

People v. Gumbs

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 22, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JUNIOR GUMBS, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Lewis Bart Stone, J.), entered June 27, 2006, which denied defendant's motion for resentencing under the Drug Law Reform Act of 2004, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Mazzarelli, Sweeny, Renwick, Richter, JJ.

844/92

The court properly recognized the degree of discretion it possessed (compare People v Arana, 32 AD3d 305 [2006]), and providently exercised its discretion when it determined that substantial justice dictated denial of defendant's application. The scale of defendant's involvement in drug trafficking outweighed his favorable prison record (see e.g. People v Rizo, 51 AD3d 436 [2008]; People v Arana, 45 AD3d 311 [2007], lv dismissed 9 NY3d 1031 [2008]).

We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.

M-4208

Motion seeking leave to file supplemental reply brief denied.

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

20091022

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.