People v Castillo

People v Castillo 2009 NY Slip Op 05397 [63 AD3d 641] June 30, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 5, 2009

The People of the State of New York, Respondent,
v
Juan Castillo, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Alexandra Keeling of counsel), for appellant.

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

Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered on or about June 5, 2007, which denied defendant's motion to be resentenced under the Drug Law Reform Act of 2004, unanimously affirmed.

There is no basis for disturbing the court's determination that substantial justice dictated denial of resentencing. The court properly concluded that the seriousness of the underlying crime outweighed defendant's efforts at rehabilitation and the other mitigating factors he cited (see e.g. People v Franco, 55 AD3d 319, 320 [2008], lv dismissed 11 NY3d 854 [2008]; People v Marte, 44 AD3d 442 [2007], lv dismissed 9 NY3d 991 [2007]). The record does not establish that the denial of resentencing was based on any inappropriate criteria. Concur—Mazzarelli, J.P., Saxe, Catterson, DeGrasse and Abdus-Salaam, JJ.