| People v Marte |
| 2007 NY Slip Op 07752 [44 AD3d 442] |
| October 16, 2007 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Aurelio Marte, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Noah J. Chamoy of counsel), forrespondent.
Order, Supreme Court, Bronx County (Joseph J. Dawson, J.), entered on or about May 8,2006, which denied defendant's motion to be resentenced under the 2005 Drug Law Reform Act,unanimously affirmed.
Section 1 of the Drug Law Reform Act (L 2005, ch 643) provides, in pertinent part, that thecourt should grant a resentencing application "unless substantial justice dictates that theapplication should be denied." We find that the court properly recognized the degree of discretionit possessed (compare People vArana, 32 AD3d 305 [2006]), and providently exercised it. Defendant had a significantrole in a large-scale narcotics trafficking operation, absconded after making a substantial cashbail, and was apprehended two years later under an assumed name. Under the circumstances, hisevidence of rehabilitation while incarcerated was insignificant in light of the factors militatingagainst resentencing (see People vSalcedo, 40 AD3d 356, 357 [2007], lv dismissed 9 NY3d 850 [2007]).Concur—Lippman, P.J., Andrias, Marlow, Buckley and Catterson, JJ.