People v. Arce

Appellate Division of the Supreme Court of New York

People v. Arce

83 A.D.3d 590, 920 N.Y.S.2d 908

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 26, 2011

StatusPublished

Cited by3 cases

This text of 83 A.D.3d 590 (People v. Arce) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Arce, 83 A.D.3d 590, 920 N.Y.S.2d 908 (N.Y. Ct. App. 2011).

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Opinion

[591]*591Order, Supreme Court, Bronx County (John P. Collins, J.), entered on or about April 12, 2010, which denied defendant’s CEL 440.46 motion for resentencing, unanimously affirmed.

The court appropriately exercised its discretion in determining that substantial justice required denial of defendant’s application (see People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Defendant has demonstrated a complete inability to control his behavior. During his incarceration on the underlying conviction he committed 27 disciplinary infractions. In addition, he has repeatedly refused to enter or failed to complete drug treatment programs, and his lengthy criminal record includes numerous drug-related crimes committed while on parole or other forms of release. Concur—Tom, J.P., Andrias, Friedman, Abdus-Salaam and Román, JJ.

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[591]*591Order, Supreme Court, Bronx County (John P. Collins, J.), entered on or about April 12, 2010, which denied defendant’s CEL 440.46 motion for resentencing, unanimously affirmed.

The court appropriately exercised its discretion in determining that substantial justice required denial of defendant’s application (see People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Defendant has demonstrated a complete inability to control his behavior. During his incarceration on the underlying conviction he committed 27 disciplinary infractions. In addition, he has repeatedly refused to enter or failed to complete drug treatment programs, and his lengthy criminal record includes numerous drug-related crimes committed while on parole or other forms of release. Concur—Tom, J.P., Andrias, Friedman, Abdus-Salaam and Román, JJ.

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Bluebook (online)

83 A.D.3d 590, 920 N.Y.S.2d 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-arce-nyappdiv-2011.

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