PEOPLE v. GONZALEZ


29 A.D.3d 400 (2006)

815 N.Y.S.2d 75

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUSTO GONZALEZ, Appellant.

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

May 18, 2006.


Section 23 of the Drug Law Reform Act ([DLRA] L 2004, ch 738) provides, in pertinent part, that a defendant convicted of a class A-I drug felony may apply for resentencing under the new, more lenient sentencing provisions, and that the court should grant such application "unless substantial justice dictates that the application should be denied." This provision, as well as the broad scope of matters which the court may consider on such an application (id.), indicates...

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