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PEOPLE v. VILLALONA

6569, 2455/03

91 A.D.3d 536 (2012)

936 N.Y.S.2d 547

2012 NY Slip Op 403

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERICK VILLALONA, Appellant.

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

Decided January 24, 2012.

Regardless of whether defendant was eligible for resentencing, the record supports the court's alternative finding that substantial justice dictated denial of the application. That determination was a proper exercise of the court's discretion (see People v Gonzalez, 29 A.D.3d 400 [2006], lv denied 7 N.Y.3d 867 [2006]). Shortly after being released from prison on a homicide conviction...

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