People v. Cephas

Substantial justice does not dictate denial of resentencing, and we exercise our discretion to specify an appropriate resentence (see e.g. People v Milton, 86 AD3d 478 [2011]). It is undisputed that during defendant’s imprisonment on the underlying 2003 conviction, he has been an exemplary prisoner, and has completed several work programs and substance abuse treatment programs.

The court denied the motion primarily on the basis of defendant’s long criminal history. The court noted that defendant had completed programs during his prior incarcerations, yet had still relapsed into drugs and a…