| People v Alvarado |
| 2008 NY Slip Op 01614 [48 AD3d 329] |
| February 26, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v LeonAlvarado, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Marc Krupnick of counsel), forrespondent.
Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or aboutMarch 16, 2006, which denied defendant's motion to be resentenced pursuant to the 2004 DrugLaw Reform Act (DLRA), unanimously affirmed.
Defendant's argument that the provision of the DLRA which permits a court to deny aresentencing application if substantial justice so dictates violates Apprendi v New Jersey(530 US 466 [2000]) is unavailing (People v Alea, 46 AD3d 398 [2007]).
The court providently exercised its discretion in denying resentencing (see id.), inview of the seriousness of defendant's drug crime, as well as his violent criminal history. We notethat in addition to his life sentence for the underlying first-degree drug sale, defendant is servinga concurrent life sentence for murder. Concur—Lippman, P.J., Tom, Nardelli, Cattersonand Moskowitz, JJ.