People v. Martinez

Appellate Division of the Supreme Court of New York

People v. Martinez

58 A.D.3d 420, 869 N.Y.S.2d 779

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

DecidedJanuary 6, 2009

StatusPublished

This text of 58 A.D.3d 420 (People v. Martinez) 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. Martinez, 58 A.D.3d 420, 869 N.Y.S.2d 779 (N.Y. Ct. App. 2009).

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Opinion

Orders, Supreme Court, New York County (Eduardo Padro, J.), entered on or about October 3, 2006, which denied defendants’ motions to be resentenced under the Drug Law Reform Act of 2004 (L 2004, ch 738), unanimously affirmed.

The court properly determined that substantial justice dictated denial of each defendant’s resentencing application, since the extreme seriousness of the underlying criminal conduct outweighed the mitigating factors cited by defendants. This Court has affirmed the denial of a resentencing application made by another participant in the underlying conduct (see People v Martinez, 51 AD3d 569 [2008], lv dismissed 11 NY3d 791 [2008]), and the involvement of these defendants was even more serious than that of the prior defendant. Concur—Saxe, J.P., Nardelli, Buckley, Moskowitz and Renwick, JJ.

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Orders, Supreme Court, New York County (Eduardo Padro, J.), entered on or about October 3, 2006, which denied defendants’ motions to be resentenced under the Drug Law Reform Act of 2004 (L 2004, ch 738), unanimously affirmed.

The court properly determined that substantial justice dictated denial of each defendant’s resentencing application, since the extreme seriousness of the underlying criminal conduct outweighed the mitigating factors cited by defendants. This Court has affirmed the denial of a resentencing application made by another participant in the underlying conduct (see People v Martinez, 51 AD3d 569 [2008], lv dismissed 11 NY3d 791 [2008]), and the involvement of these defendants was even more serious than that of the prior defendant. Concur—Saxe, J.P., Nardelli, Buckley, Moskowitz and Renwick, JJ.

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Bluebook (online)

58 A.D.3d 420, 869 N.Y.S.2d 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-martinez-nyappdiv-2009.

Opinion

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