PEOPLE v. NIEVES

2537/95.

37 Misc.3d 348 (2012)

949 N.Y.S.2d 598

2012 NY Slip Op 22179

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MICHAEL NIEVES, Defendant.

Supreme Court, New York County.

Decided July 9, 2012.


Attorney(s) appearing for the Case

Office of the Appellate Defender ( Avi Springer of counsel), for defendant.

Bridget G. Brennan , Special Prosecutor (Atalanta C. Mihas of counsel), for plaintiff.


OPINION OF THE COURT

DANIEL P. CONVISER, J.

The defendant moves to be resentenced pursuant to the Drug Law Reform Act of 2009 (L 2009, ch 56, part AAA, § 9, codified at CPL 440.46 [2009 DLRA]). That motion is opposed by the People. For the reasons stated below, although the defendant is eligible for resentencing, the court holds that substantial justice dictates the denial of defendant's motion.

Statement of Facts

The defendant was...

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