People v Quintero
2011 NY Slip Op 05972 [86 AD3d 582]
July 12, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 31, 2011


The People of the State of New York, Respondent,
v
Jose Quintero, Appellant.

[*1] Craig S. Leeds, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Gamaliel Marrero on the brief), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Tomei, J.), entered July 3, 2006, which, after a hearing, denied his motion to be resentenced pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643) on his conviction of criminal possession of a controlled substance in the second degree, which sentence was originally imposed, upon his plea of guilty, on February 5, 2001.

Ordered that the order is affirmed.

The Supreme Court did not improvidently exercise its discretion in denying the defendant's motion to be resentenced under the Drug Law Reform Act of 2005 (L 2005, ch 643). In light of the defendant's extensive criminal history, including violent crimes and crimes committed while the defendant was on parole, substantial justice dictated that the motion be denied (see People v Winfield, 59 AD3d 747 [2009]; People v Curry, 52 AD3d 732 [2008]). Skelos, J.P., Balkin, Leventhal and Lott, JJ., concur.