People v. Neely
This text of 99 A.D.3d 578 (People v. Neely) 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
The court properly exercised its discretion in determining that substantial justice dictated denial of the defendant’s motion (see e.g. People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Defendant has demonstrated a “chronic inability to control his behavior while at liberty” (People v Correa, 83 AD3d 555, 556 [1st Dept 2011], lv denied 17 NY3d 805 [2011]), committing numerous crimes while on parole and even [579]*579while his resentencing application was pending. Concur — Friedman, J.E, Moskowitz, Freedman, Richter and Abdus-Salaam, JJ.
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Cite This Page — Counsel Stack
99 A.D.3d 578, 951 N.Y.2d 876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-neely-nyappdiv-2012.