110 A.D.3d 738 971 N.Y.S.2d 891

The People of the State of New York, Respondent, v Ernest Grant, Appellant.

[971 NYS2d 891]

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Ruchelsman, J.), imposed October 27, 2011, pursuant to the Drug Law Reform Act of 2009, codified in CPL 440.46, resentencing him to a determinate term of imprisonment of 15 years, to be followed by a period of post-release supervision of 3 years, upon his conviction of criminal sale of a controlled substance in the third degree.

Ordered that the resentence is affirmed.

The Supreme Court providently exercised its discretion in resentencing the defendant to a determinate term of imprisonment of 15 years, to be followed by a period of postrelease supervision of three years (see Penal Law §§ 70.70 [4] [b] [i]; 70.45 [2] [d]). In view of the defendant’s disciplinary history while incarcerated, his past criminal record, and his history of committing crimes while on parole, a further reduction of the defendant’s sentence is not warranted (see CPL 440.46 [3]; People v Medina, 81 AD3d 853 [2011]; People v Almanzar, 43 AD3d 825 [2007]; People v Newton, 48 AD3d 115 [2007]; see also People v Overton, 86 AD3d 4 [2011]). Skelos, J.P., Balkin, Austin and Sgroi, JJ., concur.

People v. Grant
110 A.D.3d 738 971 N.Y.S.2d 891

Case Details

Name
People v. Grant
Decision Date
Oct 2, 2013
Citations

110 A.D.3d 738

971 N.Y.S.2d 891

Jurisdiction
New York

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