People v Lebron

People v Lebron 2007 NY Slip Op 10038 [46 AD3d 389] December 20, 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
Jorge Lebron, Appellant.

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

Robert M. Morgenthau, District Attorney, New York City (Richard Nahas of counsel), for respondent.

Order, Supreme Court, New York County (Michael A. Corriero, J.), entered on or about February 23, 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 significant role in a very extensive drug trafficking enterprise (see People v Arana, 45 AD3d 311 [2007]). Concur—Lippman, P.J., Mazzarelli, Saxe, Williams and Buckley, JJ.