NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
March 10, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
MARTIN DOMINGUEZ, DEFENDANT-APPELLANT.
Order, Supreme Court, New York County (Michael A. Corriero, J.), entered on or about September 27, 2007, which denied defendant's application for resentencing pursuant to the Drug Law Reform Act (L 2004, ch 738), 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.
Mazzarelli, J.P., Saxe, Nardelli, DeGrasse, Freedman, JJ.
The court properly exercised its discretion in determining that substantial justice dictated denial of the application. The scale of defendant's involvement with drug trafficking outweighed his favorable prison record and the other factors upon which he relied (see e.g. People v Rizo, 51 AD3d 436 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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