People v. Montoya

Appellate Division of the Supreme Court of New York

People v. Montoya

45 A.D.3d 496, 847 N.Y.S.2d 41

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

DecidedNovember 29, 2007

StatusPublished

This text of 45 A.D.3d 496 (People v. Montoya) 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. Montoya, 45 A.D.3d 496, 847 N.Y.S.2d 41 (N.Y. Ct. App. 2007).

Pincite

Opinion

Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about June 26, 2006, which denied defendant’s motion to be sentenced pursuant to the Drug Law Reform Act of 2005, unanimously affirmed.

The court’s determination was an appropriate exercise of discretion. The record shows defendant was a high-level participant in an international narcotics distribution ring, who personally dealt with large amounts of drugs and money, and was apprehended in possession of 50 kilograms of cocaine. Given these facts, the court properly concluded that “substantial justice” dictated denial of resentencing (see e.g. People v Salcedo, 40 AD3d 356 [2007], lv dismissed 9 NY3d 850 [2007]; People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Concur—Tom, J.P., Saxe, Friedman, Williams and Buckley, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about June 26, 2006, which denied defendant’s motion to be sentenced pursuant to the Drug Law Reform Act of 2005, unanimously affirmed.

The court’s determination was an appropriate exercise of discretion. The record shows defendant was a high-level participant in an international narcotics distribution ring, who personally dealt with large amounts of drugs and money, and was apprehended in possession of 50 kilograms of cocaine. Given these facts, the court properly concluded that “substantial justice” dictated denial of resentencing (see e.g. People v Salcedo, 40 AD3d 356 [2007], lv dismissed 9 NY3d 850 [2007]; People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Concur—Tom, J.P., Saxe, Friedman, Williams and Buckley, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

45 A.D.3d 496, 847 N.Y.S.2d 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montoya-nyappdiv-2007.

Opinion

Related

Cite This Page — Counsel Stack