People v Arana

2007 NY Slip Op 08362 [45 AD3d 311]

November 8, 2007

Appellate Division, First Department

As corrected through Wednesday, January 16, 2008

The People of the State of New York, Respondent, v LuisArana, Aso Known as Fernando Franco, Appellant.

—[*1]Robert S. Dean, Center for Appellate Litigation, New York City (Carl S. Kaplan ofcounsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Tracy L. Conn of counsel), forrespondent.

Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered on or aboutDecember 5, 2006, which denied defendant's motion to be resentenced pursuant to the Drug LawReform Act, unanimously affirmed.

Following our remand (32 AD3d 305 [2006]), the court properly determined that "substantialjustice dictates that the application should be denied" (L 2004, ch 738, § 23). The recordestablishes that the court based its decision on defendant's participation in a very extensive drugtrafficking enterprise, and that defendant's nationality was not a factor in the denial of his motion.We have considered and rejected defendant's remaining claims. Concur—Mazzarelli, J.P.,Marlow, Williams, Catterson and Kavanagh, JJ.