Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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

People v. Rivera

Supreme Court of New York, First Department

June 6, 2013

The People of the State of New York, Respondent,
v.
Omar Rivera, Defendant-Appellant.

Richard M. Greenberg, Office of the Appellate Defender, New York (Samantha L. Stern of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Rafael Curbelo of counsel), for respondent.

Gonzalez, P.J., Sweeny, Richter, Clark, JJ.

Order, Supreme Court, Bronx County (Dominic R. Massaro, J.), entered November 18, 2011, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated the denial of resentencing. In making this determination, the court made "an individualized assessment of all the relevant facts and circumstances, including, among other things, [] defendant's recidivism [and] misconduct while incarcerated" (People ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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