People v Barber

People v Barber 2007 NY Slip Op 09925 [46 AD3d 359] December 18, 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
John Barber, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (David A. Crow of counsel), and Weil, Gotshal & Manges, LLP, New York City (Brian J. Link of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Dennis Rambaud of counsel), for respondent.

Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about August 30, 2006, which denied defendant's application for resentencing pursuant to the 2005 Drug Law Reform Act (L 2005, ch 643), unanimously affirmed.

The court properly determined that defendant was ineligible for resentencing (see Correction Law § 851 [2], [2-b]), and that even if he were eligible, substantial justice would dictate the denial of his application (see e.g. People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). We have considered and rejected defendant's remaining arguments. Concur—Mazzarelli, J.P., Saxe, Marlow, Catterson and Malone, JJ.