| People v Braithwaite |
| 2008 NY Slip Op 10175 [57 AD3d 913] |
| December 23, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v James Braithwaite, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of
counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Demarest, J.), dated November 9, 2005, which, after a hearing, denied his motion for resentencing pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738) on his conviction of criminal possession of a controlled substance in the first degree, criminal possession of a controlled substance in the third degree, and criminal possession of a weapon in the third degree (two counts), which sentence was originally imposed, upon a jury verdict, on October 3, 1985.
Ordered that the order is affirmed.
Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in determining that "substantial justice" dictated the denial of the defendant's application for resentencing (see People v Curry, 52 AD3d 732 [2008]; People v Flores, 50 AD3d 1156 [2008]; People v Stamps, 50 AD3d 827 [2008]).
The defendant's remaining contentions are without merit. Skelos, J.P., Santucci, McCarthy and Dickerson, JJ., concur.