People v Robinson

2007 NY Slip Op 09114 [45 AD3d 442]

November 20, 2007

Appellate Division, First Department

As corrected through Wednesday, January 16, 2008

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

—[*1]Steven Banks, The Legal Aid Society, New York City (Harold V. Ferguson, Jr. ofcounsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (David M. Cohn of counsel), forrespondent.

Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about April 12,2006, which denied defendant's motion to be resentenced under the Drug Reform Law Act of2005, unanimously affirmed.

In denying resentencing, the court complied with its procedural obligations. Defendant wasbrought before the court and given an opportunity to be heard, which is all that the statuterequires (see L 2005, ch 643, § 1; People v Figueroa, 21 AD3d 337, 339 [2005], lv denied 6NY3d 753 [2005]). Furthermore, defense counsel had made written submissions in support of themotion, and there was no dispute as to the critical facts that led the court to its conclusion thatsubstantial justice dictated denial of resentencing (see People v Burgos, 44 AD3d 387 [2007]).Concur—Andrias, J.P., Nardelli, Gonzalez, Sweeny and Malone, JJ.