PEOPLE v. SAVINAN (2009)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Jose SAVINAN, also known as Norberto Gonzalez, Defendant-Appellant.

Decided: February 17, 2009

FRIEDMAN, J.P., GONZALEZ, BUCKLEY, RENWICK, JJ.

Richard M. Greenberg, Office of the Appellate Defender, New York (Alexandra Keeling of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Marc Krupnick of counsel), for respondent.

Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about August 6, 2007, which denied defendant's motion to be resentenced pursuant to the 2005 Drug Law Reform Act, unanimously affirmed.

The court properly recognized the degree of discretion it possessed (compare People v. Arana, 32 A.D.3d 305, 820 N.Y.S.2d 251 [2006] ), and providently exercised its discretion when it determined that substantial justice dictated denial of defendant's resentencing application. The magnitude of defendant's involvement in drug trafficking outweighed his favorable prison record (see e.g. People v. Rizo, 51 A.D.3d 436, 857 N.Y.S.2d 537 [2008]; People v. Arana, 45 A.D.3d 311, 844 N.Y.S.2d 696 [2007], lv. dismissed 9 N.Y.3d 1031, 852 N.Y.S.2d 16, 881 N.E.2d 1203 [2008] ).

We have considered and rejected defendant's remaining arguments.

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