| People v Rizo |
| 2008 NY Slip Op 04188 [51 AD3d 436] |
| May 6, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Hernando Rizo, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Mary C. Farrington of counsel), forrespondent.
Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered April 5, 2007,which denied defendant's application for resentencing pursuant to the Drug Law Reform Act (L2004, ch 738), unanimously affirmed.
The court properly exercised its discretion in determining that substantial justice dictateddenial of the application. The magnitude of defendant's involvement in international drugtrafficking outweighed his favorable prison record (see People v Salcedo, 40 AD3d 356 [2007], lv denied 9NY3d 850 [2007]; see also People vArana, 45 AD3d 311 [2007], lv dismissed 9 NY3d 1031 [2008]). The courtrelied primarily on facts that were undisputed or established at defendant's trial, and other reliableinformation, and we see no reason for a remand for further proceedings. We have considered andrejected defendant's remaining claims. Concur—Lippman, P.J., Saxe, Buckley and Acosta,JJ.