PEOPLE v. DOMINGUEZ (2009)

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

The PEOPLE of the State of New York, Respondent, v. Martin DOMINGUEZ, Defendant-Appellant.

Decided: March 10, 2009

MAZZARELLI, J.P., SAXE, NARDELLI, DeGRASSE, FREEDMAN, JJ.

Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Mary C. Farrington of counsel), for respondent.

Order, Supreme Court, New York County (Michael A. Corriero, J.), entered on or about September 27, 2007, which denied defendant's application for resentencing pursuant to the Drug Law Reform Act (L. 2004, ch. 738), unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated denial of the application. The scale of defendant's involvement with drug trafficking outweighed his favorable prison record and the other factors upon which he relied (see e.g. People v. Rizo, 51 A.D.3d 436, 857 N.Y.S.2d 537 [2008] ).

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