People v. Gonzalez

• Court: New York Supreme Court — Appellate Division
• Citation: People v. Gonzalez, 29 AD3d 400, 815 N.Y.S.2d 75, 2006 NY Slip Op 3968 (N.Y. App. Div. 2006)
• Decision Date: 18 May 2006
• Docket Number: 8537.,8538.
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUSTO GONZALEZ, Appellant.

29 A.D.3d 400

815 N.Y.S.2d 75

2006 NY Slip Op 03968

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUSTO GONZALEZ, Appellant.

8537.

8538.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 18, 2006.

Order, Supreme Court, Bronx County (Robert G. Seewald, J.), entered December 1, 2005, which denied defendant's motion to be resentenced pursuant to the Drug Law Reform Act, and order, same court and Justice, entered October 13, 2005, which denied defendant's motion seeking, among other things, to reduce his conviction to a class A-II felony, unanimously affirmed.

Section 23 of the Drug Law Reform Act ([DLRA] L 2004, ch 738) provides, in pertinent part, that a defendant convicted of a class A-I drug felony may apply for resentencing under the new, more lenient sentencing provisions, and that the court should grant such application "unless substantial justice dictates that the application should be denied." This provision, as well as the broad scope of matters which the court may consider on such an application (id.), indicates a legislative intent to grant a measure of discretion to the court. The Legislature could have made resentencing automatic, or it could have required a finding of extraordinary...