People v Gumbs

People v Gumbs 2009 NY Slip Op 07494 [66 AD3d 558] October 22, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

The People of the State of New York, Respondent,
v
Junior Gumbs, Appellant.

—[*1] Michael E. Lipson, Jericho, for appellant.

Junior Gumbs, appellant pro se.

Robert M. Morgenthau, District Attorney, New York (Melissa Pennington of counsel), for respondent.

Order, Supreme Court, New York County (Lewis Bart Stone, J.), entered June 27, 2006, which denied defendant's motion for resentencing under the Drug Law Reform Act of 2004, unanimously affirmed.

The court properly recognized the degree of discretion it possessed (compare People v Arana, 32 AD3d 305 [2006]), and providently exercised its discretion when it determined that substantial justice dictated denial of defendant's application. The scale of defendant's involvement in drug trafficking outweighed his favorable prison record (see e.g. People v Rizo, 51 AD3d 436 [2008]; People v Arana, 45 AD3d 311 [2007], lv dismissed 9 NY3d 1031 [2008]).

We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.

Motion seeking leave to file supplemental reply brief denied. Concur—Gonzalez, P.J., Mazzarelli, Sweeny, Renwick and Richter, JJ.