People v Wicklesse
2008 NY Slip Op 04125 [51 AD3d 405]
May 1, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 16, 2008


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

—[*1] Steven Banks, The Legal Aid Society, New York (David A. Crow of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.

Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about April 26, 2006, which denied defendant's application for resentencing pursuant to the 2005 Drug Law Reform Act (L 2005, ch 643), unanimously affirmed.

"[S]ubstantial justice" dictates that defendant's application be denied (L 2005, ch 643, § 1), in view of the seriousness of the underlying offense and defendant's criminal record (see e.g. People v Vasquez, 41 AD3d 111 [2007], lv dismissed 9 NY3d 870 [2007]). Concur—Lippman, P.J., Gonzalez, Moskowitz and Acosta, JJ.