PEOPLE v. MONTOYA (2007)

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

The PEOPLE of the State of New York, Respondent, v. Jaime MONTOYA, Defendant-Appellant.

Decided: November 29, 2007

TOM, J.P., SAXE, FRIEDMAN, WILLIAMS, BUCKLEY, JJ.

Steven Banks, The Legal Aid Society, New York (Lorraine Maddalo of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Mark Dwyer of counsel), for respondent.

Order, Supreme Court, New York County (William A. Wetzel, J.), entered or about June 26, 2006, which denied defendant's motion to be sentenced pursuant to the Drug Law Reform Act of 2005, unanimously affirmed.

The court's determination was an appropriate exercise of discretion. The record shows defendant was a high-level participant in an international narcotics distribution ring, who personally dealt with large amounts of drugs and money, and was apprehended in possession of 50 kilograms of cocaine. Given these facts, the court properly concluded that “substantial justice” dictated denial of resentencing (see e.g. People v. Salcedo, 40 A.D.3d 356, 836 N.Y.S.2d 121 [2007], lv. dismissed 9 N.Y.3d 850, 840 N.Y.S.2d 777, 872 N.E.2d 890 [2007]; People v. Gonzalez, 29 A.D.3d 400, 815 N.Y.S.2d 75 [2006], lv. denied 7 N.Y.3d 867, 824 N.Y.S.2d 612, 857 N.E.2d 1143 [2006] ).

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