The court properly determined that substantial justice dictated denial of each defendant's resentencing application, since the extreme seriousness of the underlying criminal conduct outweighed the mitigating factors cited by defendants. This Court has affirmed the denial of a resentencing application made by another participant in the underlying conduct (see People v Martinez,
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PEOPLE v. MARTINEZ
58 A.D.3d 420 (2009)
869 N.Y.S.2d 779
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL MARTINEZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LORENZO MARTINEZ, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
January 6, 2009.
January 6, 2009.
Appellate Division of the Supreme Court of New York, First Department.
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