PEOPLE v. RODRIGUEZ

4688, 254/98, 4689.

83 A.D.3d 419 (2011)

920 N.Y.S.2d 83

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RODRIGUEZ, Also Known as JUAN RIVERA ESCALANTE, Appellant.

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

Decided April 5, 2011.


The court considered the appropriate factors and properly exercised its discretion in concluding that substantial justice dictated a denial of resentencing. The underlying drug crime involved a large quantity of cocaine. Defendant was indicted for first-degree criminal possession of a controlled substance, but was permitted to plead guilty to third-degree possession and released on bail pending sentencing. Defendant absconded, remained outside this jurisdiction for many years...

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