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PEOPLE v. BATISTA

45 A.D.3d 396 (2007)

845 N.Y.S.2d 785

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL BATISTA, Appellant.

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

Decided November 15, 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 properly recognized the degree of discretion it possessed (compare People v Arana, 32 A.D.3d 305 [2006]) as well as the appropriate criteria for granting or denying such an application, and it providently exercised...

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