NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 15, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
WILLIAM RODRIGUEZ, DEFENDANT-APPELLANT.
Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about April 7, 2009, which denied defendant's motion to be resentenced under the 2005 Drug Law Reform Act (L 2005, ch 643), 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., Sweeny, Freedman, Abdus-Salaam, JJ.
The court properly exercised its discretion in determining that substantial justice dictated the denial of the application. Defendant's extensive criminal record, the seriousness of the underlying crime, and defendant's illegal re-entry into the United States and resumption of drug trafficking almost immediately after being released from custody on a prior class A-II felony drug conviction and deported outweighed any positive aspects of defendant's prison record and post-release prospects (see People v Pena, 55 AD3d 393 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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