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People v. Castillo

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 30, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JUAN CASTILLO, ETC., DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered on or about June 5, 2007, which denied defendant's motion to be resentenced under the Drug Law Reform Act of 2004, 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, Catterson, DeGrasse, Abdus-Salaam, JJ.

6779/01

There is no basis for disturbing the court's determination that substantial justice dictated denial of resentencing. The court properly concluded that the seriousness of the underlying crime outweighed defendant's efforts at rehabilitation and the other mitigating factors he cited (see e.g. People v Franco, 55 AD3d 319, 320, lv dismissed 11 NY3d 854 [2008]; People v Marte, 44 AD3d 442 [2007], lv dismissed 9 NY3d 991 [2007]). The record does not establish that the denial of resentencing was based on any inappropriate criteria.

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

20090630

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