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PEOPLE v. DOMINGUEZ

60 A.D.3d 469 (2009)

874 N.Y.S.2d 455

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARTIN DOMINGUEZ, Appellant.

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

Decided March 10, 2009.

The court properly exercised its discretion in determining that substantial justice dictated denial of the application. The scale of defendant's involvement with drug trafficking outweighed his favorable prison record and the other factors upon which he relied (see e.g. People v Rizo, 51 A.D.3d 436

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