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PEOPLE v. MARTI

4161, 1485/03.

81 A.D.3d 418 (2011)

916 N.Y.S.2d 769

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO MARTI, Appellant.

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

Decided February 1, 2011.

The 2009 Drug Law Reform Act (L 2009, ch 56), like its predecessors, provides that an eligible inmate's application for resentencing "shall" be granted, unless "substantial justice" dictates that it be denied (CPL 440.46 [3] [incorporating by reference provisions of the 2004 Drug Law Reform Act (L 2004, ch 738, § 23)]). The determination is discretionary (see People v Gonzalez, 29 A.D.3d 400 [2006], lv denied ...

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