People v Jordan

People v Jordan 2012 NY Slip Op 08073 Decided on November 27, 2012 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 November 27, 2012
Tom, J.P., Saxe, Richter, Abdus-Salaam, Feinman, JJ.
8629 4855/02 6149/02

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

v

Derrick Jordan, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Elizabeth Mosher of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Karinna M.
Arroyo of counsel), for respondent.

Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or about January 5, 2012, which denied defendant's CPL 440.46 applications for resentencing, unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated denial of defendant's resentencing applications (see e.g. People v Anonymous, 85 AD3d 414, 415 [1st Dept 2011], lv denied 18 NY3d 922 [2012]). Although defendant claims to have been a mere street level seller, there are significant and reliable indicia of higher level trafficking, including the fact that two of defendant's convictions involved sales of half an ounce or more of cocaine. In addition, defendant's record includes repeated violations of parole, seven tier II prison disciplinary violations, and a
pattern of serious misconduct against women while at liberty. The mitigating factors cited by defendant failed to outweigh the aggravating factors in his background.

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

ENTERED: NOVEMBER 27, 2012

CLERK