PEOPLE v. JONES (2008)

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

The PEOPLE of the State of New York, Respondent, v. Jermaine JONES, Defendant-Appellant.

Decided: April 01, 2008

GONZALEZ, J.P., WILLIAMS, CATTERSON, MOSKOWITZ, JJ.

Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Heather Volik, New York, for appellant. Robert M. Morgenthau, District Attorney, New York (Britta Gilmore of counsel), for respondent.

Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about May 3, 2007, which denied defendant's motion to be resentenced pursuant to the Drug Law Reform Act of 2005 (L. 2005, ch. 643), unanimously affirmed.

In concluding that substantial justice dictated denial of defendant's application, the court did not rely solely on defendant's advantageous plea bargain, but properly considered the totality of circumstances including the amount of drugs involved in this case and defendant's extensive history of large scale drug trafficking (see 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] ). The court properly concluded that defendant's positive prison record during his most recent incarceration did not overcome the factors weighing against resentencing.

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