People v Pratts

2012 NY Slip Op 01628 [93 AD3d 435]

March 6, 2012

Appellate Division, First Department

As corrected through Wednesday, April 25, 2012

The People of the State of New York, Respondent, v JesusPratts, Appellant.

—[*1]Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel),for appellant.

Robert T. Johnson, District Attorney, Bronx (Lindsey Ramistella of counsel), forrespondent.

Order, Supreme Court, Bronx County (John P. Collins, J.), entered on or about September29, 2011, which denied defendant's CPL 440.46 motion for resentencing, unanimously reversed,as a matter of discretion in the interest of justice, the motion granted, the order replaced by anorder specifying and informing defendant of a proposed sentence of two years plus one year ofpostrelease supervision, and the matter remanded for further proceedings.

Substantial justice does not dictate denial of resentencing pursuant to the Drug Law ReformAct of 2009 (see e.g. People vMilton, 86 AD3d 478 [2011]). Defendant's prison record, including his participation inrehabilitation programs, was generally favorable, and there was nothing about the underlyingoffense or defendant's criminal history that was so serious as to outweigh the positive factors.Concur—Mazzarelli, J.P., Friedman, Acosta, Freedman and Abdus-Salaam, JJ.