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People v. Grant

Supreme Court of New York, Second Department

October 2, 2013

The People of the State of New York, respondent,
v.
Ernest Grant, appellant Ind. No. 215/00

Lynn W. L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Claibourne I. Henry of counsel), for respondent.

PETER B. SKELOS, J.P., RUTH C. BALKIN, LEONARD B. AUSTIN, SANDRA L. SGROI, JJ.

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Ruchelsman, J.), imposed October 27, 2011, pursuant to the Drug Law Reform Act of 2009, codified in CPL 440.46, resentencing him to a determinate term of imprisonment of 15 years, to be followed by a period of postrelease supervision of 3 years, upon his conviction of criminal sale of a controlled substance in the third degree.

ORDERED that the resentence is affirmed.

The Supreme Court providently exercised its discretion in resentencing the defendant to a determinate term of imprisonment of 15 years, to be followed by a period of postrelease supervision of 3 years (see Penal Law §§ 70.70[4][b][i]; 70.45[2][d]). In view of the defendant's disciplinary history while incarcerated, his past criminal record, and his history of committing crimes while on parole, a further reduction of the defendant's sentence is not warranted (see CPL 440.46[3]; People v Medina, 81 A.D.3d 853; People v Almanzar, 43 A.D.3d 825; People v Newton, 48 A.D.3d 115; see also People v Overton, 86 A.D.3d 4).

SKELOS, J.P., BALKIN, AUSTIN and SGROI, JJ., concur.


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