Opinion
7583 Ind. 7959/98
11-13-2018
The PEOPLE of the State of New York, Respondent, v. Cosme SOROA, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Samuel L. Yellen of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Samuel L. Yellen of counsel), for respondent.
Sweeny, J.P., Manzanet-Daniels, Gische, Gesmer, Singh, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about May 30, 2017, which denied defendant's motion for resentencing pursuant to the Drug Law Reform Act of 2005, unanimously affirmed.
The court correctly denied resentencing on the ground that defendant was less than three years from his parole eligibility date when he filed his motion (see People v. Mills, 11 N.Y.3d 527, 536, 872 N.Y.S.2d 705, 901 N.E.2d 196 [2008] ). We see no reason to depart from our previous holdings, in which we rejected statutory and equal protection arguments similar to those raised here (see People v. Moore, 159 A.D.3d 444, 69 N.Y.S.3d 482 [1st Dept. 2018] ; People v. Horning, 143 A.D.3d 520, 39 N.Y.S.3d 423 [1st Dept. 2016], lv dismissed 28 N.Y.3d 1124, 51 N.Y.S.3d 21, 73 N.E.3d 361 [2016] ; People v. Paniagua 45 A.D.3d 98, 841 N.Y.S.2d 506 [1st Dept. 2007] ). Defendant's Eighth Amendment challenge to his life sentence is unavailing (see People v. Broadie, 37 N.Y.2d 100, 371 N.Y.S.2d 471, 332 N.E.2d 338 [1975], cert denied 423 U.S. 950, 96 S.Ct. 372, 46 L.Ed.2d 287 [1975] ).
In any event, regardless of eligibility, the record also supports the motion court's finding that substantial justice dictates denial of resentencing, particularly in light of defendant's having been convicted of another drug felony while on parole.