Ordered that the order is affirmed.
The Supreme Court providently exercised its discretion in denying the defendant's motion for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643; hereinafter the 2005 DLRA) on substantial justice grounds. The defendant has a prior criminal history dating back to 1987, which includes two drug-related felonies. Moreover, the 2005 DLRA expressly permits the court to consider the institutional record of confinement...
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