People v. Davis

Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about March 19, 2007, which denied defendant’s motion to be resentenced pursuant to the 2005 Drug Law Reform Act, unanimously affirmed.

The court properly recognized the degree of discretion it possessed (compare People v Arana, 32 AD3d 305 [2006]), and providently exercised its discretion when it determined that substantial justice dictated that defendant’s resentencing application should be denied (see e.g. People v Vasquez, 41 AD3d 111 [2007], lv dismissed 9 NY3d 870 [2007]). In considering such an application, the…