| People v Batista |
| 2007 NY Slip Op 08868 [45 AD3d 396] |
| November 15, 2007 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Miguel Batista, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Jessica Slutsky of counsel), forrespondent.
Order, Supreme Court, New York County (Michael A. Corriero, J.), entered on or aboutAugust 3, 2006, which denied defendant's motion to be resentenced pursuant to the Drug LawReform Act, unanimously affirmed.
Section 23 of the Drug Law Reform Act (L 2004, ch 738) provides, in pertinent part, that thecourt should grant a resentencing application "unless substantial justice dictates that theapplication should be denied." The court properly recognized the degree of discretion itpossessed (compare People v Arana,32 AD3d 305 [2006]) as well as the appropriate criteria for granting or denying such anapplication, and it providently exercised that discretion (see People v Vasquez, 41 AD3d 111 [2007], lv dismissed 9NY3d 870 [2007]). While on parole, defendant, who had two prior felony drug convictions, soldlarge amounts of cocaine to undercover officers over a six-month period. The court gavesufficient consideration to defendant's favorable but unremarkable institutional record, and it didnot base its determination on any unreliable information. We have considered and rejecteddefendant's remaining claims. Concur—Andrias, J.P., Marlow, Williams, Buckley andMalone, JJ.