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People v. Braithwaite

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 23, 2008

THE PEOPLE, ETC., RESPONDENT,
v.
JAMES BRAITHWAITE, APPELLANT.

Appeal by the defendant from an order of the Supreme Court, Kings County (Demarest, J.), dated November 9, 2005, which, after a hearing, denied his motion for resentencing pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738) on his conviction of criminal possession of a controlled substance in the first degree, criminal possession of a controlled substance in the third degree, and criminal possession of a weapon in the third degree (two counts), which sentence was originally imposed, upon a jury verdict, on October 3, 1985.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., FRED T. SANTUCCI, WILLIAM E. McCARTHY and THOMAS A. DICKERSON, JJ.

(Ind. No. 2674/85)

DECISION & ORDER

ORDERED that the order is affirmed.

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in determining that "substantial justice" dictated the denial of the defendant's application for resentencing (see People v Curry, 52 AD3d 732; People v Flores, 50 AD3d 1156; People v Stamps, 50 AD3d 827).

The defendant's remaining contentions are without merit.

SKELOS, J.P., SANTUCCI, McCARTHY and DICKERSON, JJ., concur.

20081223

© 1992-2008 VersusLaw Inc.



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