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PEOPLE v. NGAII

8012, 388/00.

96 A.D.3d 627 (2012)

947 N.Y.S.2d 107

2012 NY Slip Op 5097

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADE NGAII, Appellant.

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

June 26, 2012.

Substantial justice does not dictate denial of resentencing, and we exercise our discretion to specify an appropriate resentence (see e.g. People v Milton, 86 A.D.3d 478 [2011]). The court denied the motion primarily on the basis of defendant's history of failing to complete the residential drug treatment alternative programs to which he had been diverted in 2000 in connection with the underlying offense, resulting in an escalation...

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