People v Pratts

People v Pratts 2012 NY Slip Op 01628 Decided on March 6, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 6, 2012
Mazzarelli, J.P., Friedman, Acosta, Freedman, Abdus-Salaam, JJ.
6980

[*1]The People of the State of New York, 58077C/04 Respondent,

v

Jesus Pratts, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Barbara Zolot of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Lindsey Ramistella
of counsel), for respondent.

Order, Supreme Court, Bronx County (John P. Collins, J.), entered on or about September 29, 2011, which denied defendant's CPL 440.46 motion for resentencing, unanimously reversed, as a matter of discretion in the interest of justice, the motion granted, the order replaced by an order specifying and informing defendant of a proposed sentence of two years plus one year of postrelease supervision, and the matter remanded for further proceedings.

Substantial justice does not dictate denial of resentencing pursuant to the Drug Law Reform Act of 2009 (see e.g. People v Milton, 86 AD3d 478 [2011]). Defendant's prison record, including his participation in rehabilitation programs, was generally favorable, and there was nothing about the underlying offense or defendant's criminal history that was so serious as to outweigh the positive factors.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 6, 2012

CLERK