People v Hidalgo

2008 NY Slip Op 00187 [47 AD3d 455]

January 15, 2008

Appellate Division, First Department

As corrected through Wednesday, March 12, 2008

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

—[*1]Steven Banks, The Legal Aid Society, New York City (Katheryne M. Martone ofcounsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Olivia Sohmer of counsel), forrespondent.

Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about September15, 2006, which denied defendant's application for resentencing pursuant to the 2005 Drug LawReform Act (L 2005, ch 643), unanimously affirmed.

In view of defendant's very extensive history of felony drug convictions and paroleviolations, and his prison disciplinary record, the court properly exercised its discretion inconcluding that substantial justice would dictate the denial of his application for resentencing (see People v Gonzalez, 29 AD3d400 [2006], lv denied 7 NY3d 867 [2006]). Concur—Lippman, P.J., Buckley,Gonzalez and Sweeny, JJ.