People v. Arana

Order, Supreme Court, New York County (Edward McLaughlin, J.), dated August 11, 2005, which denied defendant’s motion to be resentenced, unanimously reversed, on the law, and the matter remanded to Supreme Court for it to exercise its discretion and determine, either on the current record or on the basis of any additional submissions the parties might make, whether “substantial justice dictates that the application should be denied.”

*306Although it is possible that Supreme Court correctly understood that defendant was within the category of offenders eligible to be considered for resentencing…