| People v Davis |
| 2008 NY Slip Op 04751 [51 AD3d 573] |
| May 27, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Tyrone Davis, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Marc Krupnick of counsel), forrespondent.
Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or aboutMarch 19, 2007, which denied defendant's motion to be resentenced pursuant to the 2005 DrugLaw Reform Act, unanimously affirmed.
The court properly recognized the degree of discretion it possessed (compare People v Arana, 32 AD3d305 [2006]), and providently exercised its discretion when it determined that substantialjustice dictated that defendant's resentencing application should be denied (see e.g. People v Vasquez, 41 AD3d 111[2007], lv dismissed 9 NY3d 870 [2007]). In considering such an application, the court isvested with a level of discretion to consider "any facts or circumstances relevant to theimposition of a new sentence which are submitted by such person or the people and may, inaddition, consider the institutional record of confinement of such person" (L 2005, ch 643,§ 1). The court properly considered, among other things, reliable information as to thelarge amount of cocaine that defendant possessed at the time of his arrest, which would constitutea class A-I felony even under the present law. We have considered and rejected defendant'sremaining claims, including his constitutional argument (see People v Alea, 46 AD3d 398 [2007], lv dismissed 9NY3d 1030 [2008]). Concur—Andrias, J.P., Saxe, Sweeny, Moskowitz and DeGrasse, JJ.[See 2007 NY Slip Op 30659(U).]