People v. Manigault

BRONX COUNTY
Criminal Practice

New York Law Journal

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Justice Dominic Massaro

The court previously partially granted Manigault's motion for resentencing under the Drug Law Reform Act of 2009 (DLRA) after a guilty plea to criminal sale of a controlled substance, granting a hearing to decide factual issues on whether the present sentence was excessive. Once the hearing was scheduled, Manigault abandoned his request for the evidentiary hearing and presented no new evidence for consideration. Prosecutors argued substantial justice demanded defendant not be resentenced, noting his repeated conduct, including multiple Tier II and III prison discipline, barred resentencing. The court noted while Manigault met the criteria to apply for resentencing, it did not mean he was entitled to it. The court agreed with prosecutors that substantial justice required denial of resentencing, noting factors, including the volume and severity of the violations of prison discipline, his criminal record and record of absconding, undermined the relief sought. The presumption in favor of granting a motion for resentencing "evaporated," and the court denied relief.

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