People v. Lattimore

Substantial justice does not dictate denial of resentencing, and we exercise our discretion to specify an appropriate resentence (see eg. People v Milton, 86 AD3d 478 [2011]). Under the circumstances presented, the mitigating factors cited by defendant were not outweighed by the extent of his criminal history.

In 2006, defendant received a prison sentence for the underlying 2001 offense after he failed to complete the drug treatment alternative program to which he was originally diverted. However, defendant stayed in treatment for two and one-half years, successfully completing the residential…