| People v Stamps |
| 2008 NY Slip Op 03249 [50 AD3d 827] |
| April 8, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Charles Stamps, Appellant. |
—[*1] Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel), forrespondent.
Appeal by the defendant from an order of the County Court, Rockland County (Nelson, J.),dated September 27, 2005, which, after a hearing, denied his motion for resentencing pursuant tothe Drug Law Reform Act of 2004 (L 2004, ch 738) on his conviction of criminal possession of acontrolled substance in the first degree, which sentence was originally imposed, upon a juryverdict, on October 20, 1995.
Ordered that the order is affirmed.
The County Court, which considered, inter alia, the significant amount of drugs thedefendant possessed, his extensive and violent criminal history, and poor prison disciplinaryrecord, providently exercised its discretion in determining that "substantial justice dictate[d] thatthe application should be denied" (L 2004, ch 738, § 23; see People v Alvarado, 48 AD3d329 [2008]; People v Aguirre,47 AD3d 489 [2008]; People vAyala, 43 AD3d 800 [2007]; People v Vega, 40 AD3d 1020, 1020-1021 [2007]; People v Sanders, 36 AD3d 944,946-947 [2007]; People v Gonzalez,29 AD3d 400 [2006]). Spolzino, J.P., Miller, Covello and Balkin, JJ., concur.