People v Ciriaco

2007 NY Slip Op 09952 [46 AD3d 374]

December 18, 2007

Appellate Division, First Department

As corrected through Wednesday, February 13, 2008

The People of the State of New York,Respondent, v Melis-Piadoso Ciriaco, Appellant.

—[*1]Steven Banks, The Legal Aid Society, New York City (David Crow of counsel), andEsterina Giuliani, New York (Jennifer M. Sheinfeld of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Paula-Rose Stark of counsel), forrespondent.

Order, Supreme Court, New York County (Michael R. Ambrecht, J.), entered on or aboutJuly 27, 2006, which denied defendant's motion for resentencing under the 2005 Drug LawReform Act (L 2005, ch 643), unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictateddenial of the application (see e.g. People v Vasquez, 41 AD3d 111 [2007], lv dismissed 9NY3d 870 [2007]; People vGonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). The courtconsidered the appropriate factors, including defendant's history of recidivism, flight whileawaiting sentence and conduct while incarcerated. We note that had defendant not abscondedprior to sentencing, he would not have been eligible for resentencing under the 2005 Drug LawReform Act. We have considered and rejected defendant's remaining arguments.Concur—Tom, J.P., Friedman, Williams, McGuire and Kavanagh, JJ.