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The People of the State of New York v. Erick Villalona

New York Supreme and/or Appellate Courts Appellate Division, First Department


January 24, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
ERICK VILLALONA,
DEFENDANT-APPELLANT.

People v Villalona

Decided on January 24, 2012

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.

Tom, J.P., Catterson, DeGrasse, Richter, Manzanet-Daniels, JJ.

Order, Supreme Court, Bronx County (Harold Adler, J.), entered May 14, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

Regardless of whether defendant was eligible for resentencing, the record supports the court's alternative finding that substantial justice dictated denial of the application. That determination was a proper exercise of the court's discretion (see People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Shortly after being released from prison on a homicide conviction, defendant possessed a significant quantity of drugs under circumstances indicating that he was involved in large-scale drug trafficking. These factors outweighed defendant's favorable record while incarcerated on the drug case (see e.g. People v Gumbs, 66 AD3d 558 [2009], lv dismissed 14 NY3d 771 [2010]).

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

ENTERED: JANUARY 24, 2012

CLERK

20120124

© 1992-2012 VersusLaw Inc.



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