| People v Soler |
| 2007 NY Slip Op 09509 [45 AD3d 499] |
| November 29, 2007 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v IvanSoler, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Dana Poole of counsel), forrespondent.
Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about July28, 2005, which denied defendant's motion to be resentenced under the 2005 Drug Law ReformAct (L 2005, ch 643), unanimously affirmed.
The court properly exercised its discretion in determining that substantial justice dictated adenial of resentencing. Defendant was a leader of a large-scale drug operation with numerousfelony convictions, along with repeated violations of probation and parole. On virtually everyoccasion when he was released from custody, he was rearrested on new charges, and he also hadseveral infractions while in prison (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]).
Defendant's argument that he was denied a "meaningful" hearing is unpreserved and wedecline to review it in the interest of justice. Were we to review the issue, we would find thatdefendant was brought before the court and given an opportunity to be heard, which is all that thestatute requires (see L 2005, ch 643, § 1; People v Figueroa, 21 AD3d 337, 339 [2005], lv denied 6NY3d 753 [2005]). Moreover, at the time of the hearing, the defense had already made writtensubmissions in support of resentencing.[*2]
In view of the foregoing, we find it unnecessary to decideany other issues. Concur—Tom, J.P., Saxe, Friedman, Williams and Buckley, JJ.