PEOPLE v. MARTE


44 A.D.3d 442 (2007)

843 N.Y.S.2d 279

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AURELIO MARTE, Appellant.

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

Decided October 16, 2007.


Section 1 of the Drug Law Reform Act (L 2005, ch 643) provides, in pertinent part, that the court should grant a resentencing application "unless substantial justice dictates that the application should be denied." We find that the court properly recognized the degree of discretion it possessed (compare People v Arana, 32 A.D.3d 305 [2006]), and providently exercised it. Defendant had a significant role in a large-scale narcotics...

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