Opinion
9042 Ind. 11050/93 10083/91
04-23-2019
The PEOPLE of the State of New York, Respondent, v. Roberto RODRIGUEZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Friedman, J.P., Sweeny, Tom, Moulton, JJ.
Order, Supreme Court, New York County (Juan M. Merchan, J.), entered on or about September 21, 2017, which denied defendant's motion for resentencing pursuant to the Drug Law Reform Acts of 2005 and 2009, unanimously affirmed.
The motion court properly determined that defendant was ineligible for resentencing on his A–II felony conviction. We see no reason to depart from our previous holdings, in which we rejected statutory, public policy and constitutional arguments similar to those raised here (see e. g. People v. Soroa, 166 A.D.3d 434, 85 N.Y.S.3d 760 [1st Dept. 2018] ; People v. Moore, 159 A.D.3d 444, 69 N.Y.S.3d 482 [1st Dept. 2018] ).
Although it is undisputed that defendant was eligible to apply for resentencing on his class B felony conviction, the court providently exercised its discretion in determining that substantial justice dictated the denial of that application (see People v. Sosa, 18 N.Y.3d 436, 442–443, 940 N.Y.S.2d 534, 963 N.E.2d 1235 [2012] ; People v. Paulin, 17 N.Y.3d 238, 244, 929 N.Y.S.2d 36, 952 N.E.2d 1028 [2011] ), particularly in light of defendant's criminal history, including the sex offenses defendant committed against an 11–year–old victim after defendant was paroled on one of his drug convictions.