PEOPLE v. DAVIS


51 A.D.3d 573 (2008)

858 N.Y.S.2d 164

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE DAVIS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 27, 2008.


The court properly recognized the degree of discretion it possessed (compare People v Arana, 32 A.D.3d 305 [2006]), and providently exercised its discretion when it determined that substantial justice dictated that defendant's resentencing application should be denied (see e.g. People v Vasquez, 41 A.D.3d 111 [2007], lv dismissed 9 N.Y.3d 870 [2007]). In considering such an application...

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