People v Ayala
2007 NY Slip Op 07063 [43 AD3d 800]
September 27, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


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

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E. Knight of counsel) for appellant.

Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), for respondent.

Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about July 24, 2006, which denied defendant's motion to be resentenced pursuant to the Drug Law Reform Act, unanimously affirmed.

The court properly determined that "substantial justice dictate[d] that the application should be denied" (L 2004, ch 738, § 23), in that defendant was a very large-scale drug dealer, whose extensive criminal conduct had a detrimental effect on the community at large (see e.g. People v Vasquez, 41 AD3d 111 [2007]). Concur—Mazzarelli, J.P., Saxe, Friedman, Marlow and Williams, JJ.