People v. Rodriguez, 1751

• Decision Date: 15 December 2009
• Docket Number: 6934/03,1751
• Citation: 2009 NY Slip Op 9296,68 A.D.3d 543,889 N.Y.S.2d 459
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM RODRIGUEZ, Appellant.
• Court: New York Supreme Court — Appellate Division

68 A.D.3d 543

2009 NY Slip Op 9296

889 N.Y.S.2d 459

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM RODRIGUEZ, Appellant.

1751

6934/03

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

Decided December 15, 2009.

Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about April 7, 2009, which denied defendant's motion to be resentenced under the 2005 Drug Law Reform Act (L 2005, ch 643), unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated the denial of the application. Defendant's extensive criminal record, the seriousness of the underlying crime, and defendant's illegal reentry into the United States and resumption of drug trafficking almost immediately after being released from custody on a prior class A-II felony drug conviction and deported outweighed any positive aspects of defendant's prison record and postrelease prospects (see People v Pena, 55 AD3d 393 [2008]).

Concur — FRIEDMAN, J.P., SWEENY, FREEDMAN and ABDUS-SALAAM, JJ.