PEOPLE v. GUTIERREZ

2012-04182, Ind. No. 11464/96.

109 A.D.3d 486 (2013)

970 N.Y.S.2d 85

2013 NY Slip Op 5587

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS GUTIERREZ, Appellant.

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

Decided August 7, 2013.


Appeal by the defendant from an order of the Supreme Court, Kings County (Ozzi, J.), dated May 2, 2012, which denied his motion for resentencing pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on May 29, 1997.

Ordered that the order is affirmed.

The Supreme Court providently exercised its discretion in denying the defendant's motion for...

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