People v Savinan
2009 NY Slip Op 01177 [59 AD3d 247]
February 17, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


The People of the State of New York, Respondent,
v
Jose Savinan, Also Known as Norberto Gonzalez, Appellant.

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

Robert M. Morgenthau, District Attorney, New York (Marc Krupnick of counsel), for respondent.

Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about August 6, 2007, which denied defendant's motion to be resentenced pursuant to the 2005 Drug Law Reform Act, unanimously affirmed.

The court properly recognized the degree of discretion it possessed (compare People v Arana, 32 AD3d 305 [2006]), and providently exercised its discretion when it determined that substantial justice dictated denial of defendant's resentencing application. The magnitude of defendant's involvement in drug trafficking outweighed his favorable prison record (see e.g. People v Rizo, 51 AD3d 436 [2008]; People v Arana, 45 AD3d 311 [2007], lv dismissed 9 NY3d 1031 [2008]).

We have considered and rejected defendant's remaining arguments. Concur—Friedman, J.P., Gonzalez, Buckley and Renwick, JJ.