People v Rodriguez

People v Rodriguez 2009 NY Slip Op 09296 [68 AD3d 543] December 15, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
William Rodriguez, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Proskauer Rose LLP, New York (Jed W. Friedman of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Olivia Sohmer of counsel), for respondent.

Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about April 7, 2009, which denied defendant's motion to be resentenced 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 the denial of the application. Defendant's extensive criminal record, the seriousness of the underlying crime, and defendant's illegal reentry into the United States and resumption of drug trafficking almost immediately after being released from custody on a prior class A-II felony drug conviction and deported outweighed any positive aspects of defendant's prison record and postrelease prospects (see People v PeÑa, 55 AD3d 393 [2008]). Concur—Friedman, J.P., Sweeny, Freedman and Abdus-Salaam, JJ.