People v Ciriaco

People v Ciriaco 2007 NY Slip Op 09952 [46 AD3d 374] 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
Melis-Piadoso Ciriaco, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (David Crow of counsel), and Esterina Giuliani, New York (Jennifer M. Sheinfeld of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Paula-Rose Stark of counsel), for respondent.

Order, Supreme Court, New York County (Michael R. Ambrecht, J.), entered on or about July 27, 2006, 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 (see e.g. People v Vasquez, 41 AD3d 111 [2007], lv dismissed 9 NY3d 870 [2007]; People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). The court considered the appropriate factors, including defendant's history of recidivism, flight while awaiting sentence and conduct while incarcerated. We note that had defendant not absconded prior to sentencing, he would not have been eligible for resentencing under the 2005 Drug Law Reform Act. We have considered and rejected defendant's remaining arguments. Concur—Tom, J.P., Friedman, Williams, McGuire and Kavanagh, JJ.