People v. Batista

Order, Supreme Court, New York County (Michael A. Corriero, J.), entered on or about August 3, 2006, which denied defendant’s motion to be resentenced pursuant to the Drug Law Reform Act, unanimously affirmed.

Section 23 of the Drug Law Reform Act (L 2004, ch 738) provides, in pertinent part, that the court should grant a resentencing application “unless substantial justice dictates that the application should be denied.” The court properly recognized the degree of discretion it possessed (compare People v Arana, 32 AD3d 305 [2006]) as well as the appropriate criteria for granting or denying…