People v Martinez
2009 NY Slip Op 00026 [58 AD3d 420]
January 6, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 11, 2009


The People of the State of New York, Respondent,
v
Rafael Martinez, Appellant. The People of the State of New York, Respondent, v Lorenzo Martinez, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Sara Gurwitch of counsel), for Rafael Martinez, appellant.

Steven Banks, The Legal Aid Society, New York (Adrienne Gantt of counsel), for Lorenzo Martinez, appellant.

Robert M. Morgenthau, District Attorney, New York (Patrick J. Hynes of counsel), for respondent.

Orders, Supreme Court, New York County (Eduardo Padro, J.), entered on or about October 3, 2006, which denied defendants' motions to be resentenced under the Drug Law Reform Act of 2004 (L 2004, ch 738), unanimously affirmed.

The court properly determined that substantial justice dictated denial of each defendant's resentencing application, since the extreme seriousness of the underlying criminal conduct outweighed the mitigating factors cited by defendants. This Court has affirmed the denial of a resentencing application made by another participant in the underlying conduct (see People v Martinez, 51 AD3d 569 [2008], lv [*2]dismissed 11 NY3d 791 [2008]), and the involvement of these defendants was even more serious than that of the prior defendant. Concur—Saxe, J.P., Nardelli, Buckley, Moskowitz and Renwick, JJ.