People v Montoya

2007 NY Slip Op 09505 [45 AD3d 496]

November 29, 2007

Appellate Division, First Department

As corrected through Wednesday, January 16, 2008

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

—[*1]Steven Banks, The Legal Aid Society, New York City (Lorraine Maddalo of counsel),for appellant.

Robert M. Morgenthau, District Attorney, New York (Mark Dwyer of counsel), forrespondent.

Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about June26, 2006, which denied defendant's motion to be sentenced pursuant to the Drug Law ReformAct of 2005, unanimously affirmed.

The court's determination was an appropriate exercise of discretion. The record showsdefendant was a high-level participant in an international narcotics distribution ring, whopersonally dealt with large amounts of drugs and money, and was apprehended in possession of50 kilograms of cocaine. Given these facts, the court properly concluded that "substantial justice"dictated denial of resentencing (see e.g. People v Salcedo, 40 AD3d 356 [2007], lv dismissed 9NY3d 850 [2007]; People vGonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]).Concur—Tom, J.P., Saxe, Friedman, Williams and Buckley, JJ.