PEOPLE v. APONTE

765-1982

42 Misc.3d 868 (2013)

981 N.Y.S.2d 902

2013 NY Slip Op 23455

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JIMMY APONTE, Defendant.

Supreme Court, Bronx County.

Decided December 31, 2013.


Attorney(s) appearing for the Case

Jimmy Aponte, defendant pro se.

Robert T. Johnson, District Attorney ( Melanie Sarver of counsel), for plaintiff.


OPINION OF THE COURT

RICHARD LEE PRICE, J.

By motion submitted July 24, 2013, defendant moves to vacate his sentence pursuant to Criminal Procedure Law § 440.20, on the basis that it violates the Eighth Amendment of the United States Constitution. After review of the motion papers, papers on file with the court, and prior court proceedings, defendant's motion is denied.

I. Background and Procedural History

On March 23, 1983, judgment...

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