People v Rampino

People v Rampino 2010 NY Slip Op 05476 [74 AD3d 638] June 22, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

The People of the State of New York, Respondent,
v
Anthony Rampino, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (David Christian Bornstein of counsel), for respondent.

Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered on or about May 11, 2009, which denied defendant's motion to be resentenced pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738), unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated denial of the application. In its decision, the court relied on the applicable standard, and we reject defendant's arguments to the contrary. The court properly considered appropriate criteria, including the amount of drugs involved in this case, defendant's history of drug dealing, his extensive involvement with organized crime, and his poor institutional record (see e.g. People v Jones, 50 AD3d 282 [2008]; People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]), and it did not base its decision on materially inaccurate or unreliable information. Defendant's age and medical condition do not warrant a different result. Concur—Gonzalez, P.J., Andrias, Catterson, Renwick and Manzanet-Daniels, JJ.