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PEOPLE v. VASQUEZ

41 A.D.3d 111 (2007)

837 N.Y.S.2d 87

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN VASQUEZ, Appellant.

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

Decided June 5, 2007.

Section 23 of the Drug Law Reform Act (L 2004, ch 738) provides, in pertinent part, that the court should grant a resentencing application "unless substantial justice dictates that the application should be denied." The court, which expressly stated that defendant was eligible to be considered for resentencing, properly recognized the degree of discretion it possessed (compare e.g. People v Arana, 32 A.D.3d 305 [2006]) and providently...

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