People v Alejandro
2008 NY Slip Op 08253 [55 AD3d 479]
October 30, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


The People of the State of New York, Respondent,
v
Marines Alejandro, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Svetlana M. Kornfeind of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Melissa Pennington of counsel), for respondent.

Order, Supreme Court, New York County (Michael R. Ambrecht, J.), entered on or about February 14, 2007, which denied defendant's motion for resentencing, unanimously affirmed.

The court properly exercised its discretion under the Drug Law Reform Act when it determined that "substantial justice" dictated denial of resentencing (L 2005, ch 643, § 1), in light of the seriousness of defendant's conduct (see e.g. People v Jones, 50 AD3d 282 [2008]; People v Salcedo, 40 AD3d 356 [2007], lv dismissed 9 NY3d 850 [2007]). Concur—Lippman, P.J., Mazzarelli, Williams, Buckley and Renwick, JJ.