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PEOPLE v. PEÑA

55 A.D.3d 393 (2008)

866 N.Y.S.2d 37

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID PEÑA, Appellant.

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

October 16, 2008.

The court properly exercised its discretion in determining that substantial justice dictated the denial of the application. Defendant's record of increasingly serious crimes, along with his illegal reentry into the United States and resumption of drug trafficking after being deported for such activity, outweighed evidence of his rehabilitation while incarcerated (see People v Alcaraz, 46 A.D.3d 253 [2007]). In denying resentencing...

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