| People v Aguirre |
| 2008 NY Slip Op 00344 [47 AD3d 489] |
| January 17, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Ruben Aguirre, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Julie Paltrowitz of counsel), forrespondent.
Order, Supreme Court, New York County (Lewis Bart Stone, J.), entered on or about May12, 2006, which denied defendant's motion to be resentenced pursuant to the Drug Law ReformAct of 2005 (L 2005, ch 643), unanimously affirmed.
In view of defendant's multiple felony drug convictions, his history of absconding andviolating parole, and that the lesser charge to which defendant pleaded guilty entailed thepossession of a significant amount of cocaine, 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—Mazzarelli, J.P.,Andrias, Catterson and McGuire, JJ.