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PEOPLE v. ARANA

32 A.D.3d 305 (2006)

820 N.Y.S.2d 251

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS ARANA, Also Known as FERNANDO FRANCO, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

August 17, 2006.

Although it is possible that Supreme Court correctly understood that defendant was within the category of offenders eligible to be considered for resentencing under chapter 738 of the Laws of 2004, the Drug Law Reform Act (DLRA), on this record the more reasonable conclusion is that Supreme Court "failed to exercise its discretion because it erroneously perceived that it had no discretion to exercise" (People v Cronin,

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