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PEOPLE v. DAVIS

Ind. No. 8310/96. Appeal No. 937. Case No. 2022-02742.

220 A.D.3d 625 (2023)

197 N.Y.S.3d 227

2023 NY Slip Op 05475

The People of the State of New York, Respondent, v. James Davis, Appellant.

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

Decided October 31, 2023.

Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( David Crow of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Amanda Katherine Regan of counsel), for respondent.

Concur—Kern, J.P., Friedman, Kennedy, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Juan M. Merchan, J.), entered on or about June 1, 2022, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly determined that substantial justice dictated the denial of defendant's resentencing application, as defendant's commission of a drug-related homicide, as well as his attempt to avoid the consequences of his actions, militate against...

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