People v Hidalgo

People v Hidalgo 2008 NY Slip Op 00187 [47 AD3d 455] January 15, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 12, 2008

The People of the State of New York, Respondent,
v
Edward Hidalgo, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Katheryne M. Martone of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Olivia Sohmer of counsel), for respondent.

Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about September 15, 2006, which denied defendant's application for resentencing pursuant to the 2005 Drug Law Reform Act (L 2005, ch 643), unanimously affirmed.

In view of defendant's very extensive history of felony drug convictions and parole violations, and his prison disciplinary record, the court properly exercised its discretion in concluding that substantial justice would dictate the denial of his application for resentencing (see People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Concur—Lippman, P.J., Buckley, Gonzalez and Sweeny, JJ.