People v. Hurst
This text of 83 A.D.3d 499 (People v. Hurst) 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.
Opinion
Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about February 3, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.
The court properly exercised its discretion in determining that substantial justice dictated denial of the motion (see generally People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). The court properly considered the totality of the circumstances, including defendant’s history of recidivism and his failure to profit from rehabilitation opportunities while not in custody. These factors outweighed the positive factors cited by defendant, including his prison record. Concur—Mazzarelli, J.P., Friedman, Acosta, DeGrasse and Román, JJ.
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Cite This Page — Counsel Stack
83 A.D.3d 499, 920 N.Y.S.2d 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hurst-nyappdiv-2011.