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People v. Savinan

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


February 17, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JOSE SAVINAN, ALSO KNOWN AS NORBERTO GONZALEZ, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about August 6, 2007, which denied defendant's motion to be resentenced pursuant to the 2005 Drug Law Reform Act, unanimously affirmed.

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.

Friedman, J.P., Gonzalez, Buckley, Renwick, JJ.

3454/02

The court properly recognized the degree of discretion it possessed (compare People v Arana, 32 AD3d 305 [2006]), and providently exercised its discretion when it determined that substantial justice dictated denial of defendant's resentencing application. The magnitude of defendant's involvement in drug trafficking outweighed his favorable prison record (see e.g. People v Rizo, 51 AD3d 436 [2008]; People v Arana, 45 AD3d 311 [2007], lv dismissed 9 NY3d 1031 [2008]).

We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090217

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