People v McRae

People v McRae 2011 NY Slip Op 07354 Decided on October 20, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 20, 2011
Gonzalez, P.J., Mazzarelli, Sweeny, Abdus-Salaam, Román, JJ.
5886/03 3917/03 5778B 6372/04

[*1]5778-The People of the State of New York, 5778A-Respondent,

v

Jamel McRae, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(John Vang of counsel), and Benjamin A. Heiss, Sunnyside, for
appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Caleb
Kruckenberg of counsel), for respondent.

Appeals from order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about March 2, 2010, and order, same court (Renee A. White, J.), entered on or about April 19, 2010, each of which denied defendant's CPL 440.46 motion for resentencing, unanimously dismissed, as moot. Order, same court (Maxwell Wiley, J.), entered on or about May 5, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

In the May 5 order (indictment 6372/04), the court denied the motion on the merits. We conclude that the court providently exercised its discretion when it determined that substantial justice dictated denial of the application in light of the seriousness of defendant's criminal history, which outweighed the
mitigating factors he cited (see e.g. People v Gumbs, 66 AD3d 558 [2009], lv dismissed 14 NY3d 771 [2010]). The underlying facts of several of defendant's convictions indicate an involvement in large-scale drug distribution.

The appeals from the other two orders are moot because Supreme Court has granted defendant's renewed motions for resentencing as to those matters.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 20, 2011

CLERK