PEOPLE v. RODRIGUEZ

1751, 6934/03

68 A.D.3d 543 (2009)

2009 NY Slip Op 9296

889 N.Y.S.2d 459

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM RODRIGUEZ, Appellant.

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

Decided December 15, 2009.


The court properly exercised its discretion in determining that substantial justice dictated the denial of the application. Defendant's extensive criminal record, the seriousness of the underlying crime, and defendant's illegal reentry into the United States and resumption of drug trafficking almost immediately after being released from custody on a prior class A-II felony drug conviction and deported outweighed any positive aspects of defendant's prison record and postrelease...

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