People v Ayala

2007 NY Slip Op 07063 [43 AD3d 800]

September 27, 2007

Appellate Division, First Department

As corrected through Wednesday, November 7, 2007

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

—[*1]Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E.Knight of counsel) for appellant.

Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), forrespondent.

Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about July24, 2006, which denied defendant's motion to be resentenced pursuant to the Drug Law ReformAct, unanimously affirmed.

The court properly determined that "substantial justice dictate[d] that the application shouldbe denied" (L 2004, ch 738, § 23), in that defendant was a very large-scale drug dealer,whose extensive criminal conduct had a detrimental effect on the community at large (seee.g. People v Vasquez, 41AD3d 111 [2007]). Concur—Mazzarelli, J.P., Saxe, Friedman, Marlow and Williams,JJ.