| People v Rodriguez |
| 2008 NY Slip Op 06891 [54 AD3d 600] |
| September 16, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Randy Rodriguez, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Paula-Rose Stark of counsel), forrespondent.
Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J., at plea; Charles H.Solomon, J., at sentence), rendered October 10, 2003, convicting defendant of criminal sale of acontrolled substance in the first degree and conspiracy in the second and fourth degrees, andsentencing him, as a second felony offender, to an aggregate term of 20 years to life, and order,same court (Charles H. Solomon, J.), entered on or about May 25, 2007, which denieddefendant's motion to be resentenced pursuant to the Drug Law Reform Act (L 2004, ch 738),unanimously affirmed.
The court properly determined that substantial justice dictated denial of defendant'sresentencing application. The court properly considered the totality of circumstances, includingthe amount of drugs involved in this case and defendant's extensive history of large scaletrafficking in narcotics and firearms (seePeople v Salcedo, 40 AD3d 356 [2007], lv dismissed 9 NY3d 850 [2007]; People v Gonzalez, 29 AD3d 400[2006], lv denied 7 NY3d 867 [2006]), and properly concluded that these factorsoutweighed any positive aspects of defendant's prison record. The court neither misapplied thestatute nor considered inappropriate criteria.
With regard to defendant's direct appeal, we perceive no basis for reducing the sentence.Concur—Gonzalez, J.P., Buckley, Moskowitz, Renwick and DeGrasse, JJ.