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PEOPLE v. MORALES

58 A.D.3d 550 (2009)

870 N.Y.S.2d 912

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARMELO MORALES, Appellant.

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

January 27, 2009.

The court recognized the degree of discretion it possessed (compare People v Arana, 32 A.D.3d 305 [2006]), and providently exercised it. There is no basis for disturbing the court's determination that substantial justice dictated denial of the resentencing application, particularly in view of the seriousness of the underlying drug crime and its aggravating factors, as well as defendant's criminal history (see e.g. People v Vasquez...

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