PEOPLE v. RIVERA

6817, 3505/04.

92 A.D.3d 523 (2012)

938 N.Y.S.2d 433

2012 NY Slip Op 1137

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDUARDO RIVERA, Appellant.

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

Decided February 14, 2012.


The court properly exercised its discretion in determining that substantial justice dictated denial of the motion (see e.g. People v Gonzalez, 29 A.D.3d 400 [2006], lv denied 7 N.Y.3d 867 [2006]). Defendant had an extensive criminal history and a poor prison disciplinary record, and these factors outweighed any mitigating factors. In particular, defendant had an opportunity to have the underlying drug conviction reduced to...

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