PEOPLE v. RIOS-DAVILLA

4956, 7381/01.

84 A.D.3d 459 (2011)

922 N.Y.S.2d 361

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERMAN RIOS-DAVILLA, Appellant.

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

Decided May 5, 2011.


The court properly exercised its discretion in determining that substantial justice dictated denial of the motion. In the underlying case, the police ultimately recovered 60 kilograms of cocaine, worth millions of dollars, from a car defendant was driving. This evidence warranted an inference that defendant was heavily involved in very serious drug trafficking. Defendant asserts there was no proof he was a manager of a large-scale drug organization. However, given the facts...

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