People v Rojas

People v Rojas 2007 NY Slip Op 09876 [46 AD3d 315] December 13, 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
Dexter Rojas, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (David Crow of counsel), and Proskauer Rose LLP, New York City (Harris M. Mufson of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Patricia Curran of counsel), for respondent.

Order, Supreme Court, New York County (Michael R. Ambrecht, J.), entered on or about February 15, 2007, 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, in light of defendant's numerous sales of significant quantities of cocaine and his serious criminal record, including several drug-related convictions (see People v Arana, 45 AD3d 311 [2007]). These factors outweighed defendant's rehabilitative efforts and favorable institutional record. Concur—Tom, J.P., Andrias, Gonzalez and Sweeny, JJ.