Legal Opinion

People v. Salcedo

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 2007PublishedCited by 12 opinions

1Opinion of the Court

. Order, Supreme Court, New York County (William A. Wetzel, J.), entered December 19, 2005, 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) *357provides, 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 e.g. People v Arana, 32 AD3d 305 [2006]), and providently exercised it. “The Legislature…

2Cases cited2 opinions

  1. People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. AranaAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by12 opinions

  1. People v. BeasleyAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. CurryAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. RiversAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. SolerAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. MarteAppellate Division of the Supreme Court of the State of New York · 2007

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