Legal Opinion
People v. Marte
Appellate Division of the Supreme Court of the State of New York
Decided October 16, 2007PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Joseph J. Dawson, J.), entered on or about May 8, 2006, which denied defendant’s motion to be resentenced under the 2005 Drug Law Reform Act, unanimously affirmed.
Section 1 of the Drug Law Reform Act (L 2005, ch 643) provides, in pertinent part, that the court should grant a resentencing application “unless substantial justice dictates that the application should be denied.” We find that the court properly recognized the degree of discretion it possessed (compare People v Arana, 32 AD3d 305 [2006]), and providently exercised it. Defendant had a significant…
2Cases cited2 opinions
- People v. AranaAppellate Division of the Supreme Court of the State of New York · 2006
- People v. SalcedoAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by6 opinions
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2011
- People v. AlcahazAppellate Division of the Supreme Court of the State of New York · 2007
- People v. BurnettAppellate Division of the Supreme Court of the State of New York · 2011
- People v. CastilloAppellate Division of the Supreme Court of the State of New York · 2009
- People v. FloresAppellate Division of the Supreme Court of the State of New York · 2015
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