People v Alcaraz

People v Alcaraz 2007 NY Slip Op 09531 [46 AD3d 253] December 4, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

The People of the State of New York, Respondent,
v
Doris Alcaraz, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Eve Kessler of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Dana Poole of counsel), for respondent.

Order, Supreme Court, New York County (William A. Wetzel, J.), which denied defendant's motion for resentencing under the 2005 Drug Law Reform Act (L 2005, ch 643), unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated denial of the application. Defendant played a significant role in a large scale drug trafficking operation. Moreover, she had a prior federal drug conviction that resulted in her deportation, after which she illegally reentered the United States and committed the subject crime. Evidence of her rehabilitation while incarcerated did not overcome the factors militating against resentencing (see e.g. People v Marte, 44 AD3d 442 [2007]). Concur—Lippman, P.J., Mazzarelli, Andrias, Buckley and Sweeny, JJ.