People
v.
Hidalgo

Appellate Division of the Supreme Court of New York, First DepartmentJan 15, 2008
848 N.Y.S.2d 874 (N.Y. App. Div. 2008)
848 N.Y.S.2d 87447 A.D.3d 4552008 N.Y. Slip Op. 187

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No. 2533.

January 15, 2008.

Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about September 15, 2006, which denied defendant's application for resentencing pursuant to the 2005 Drug Law Reform Act (L 2005, ch 643), unanimously affirmed.

Steven Banks, The Legal Aid Society, New York (Katheryne M. Martone of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Olivia Sohmer of counsel), for respondent.

Before: Lippman, P.J., Buckley, Gonzalez and Sweeny, JJ.


In view of defendant's very extensive history of felony drug convictions and parole violations, and his prison disciplinary record, the court properly exercised its discretion in concluding that substantial justice would dictate the denial of his application for resentencing ( see People v Gonzalez, 29 AD3d 400, lv denied 7 NY3d 867).