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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RANDY RODRIGUEZ, Appellant.

The court properly determined that substantial justice dictated denial of defendant's resentencing application. The court properly considered the totality of circumstances, including the amount of drugs involved in this case and defendant's extensive history of large scale trafficking in narcotics and firearms ( see People v Salcedo, 40 AD3d 356, lv dismissed 9 NY3d 850; People v Gonzalez, 29 AD3d 400, lv denied 7 NY3d 867), and properly concluded that these factors outweighed any positive aspects of defendant's prison record. The court neither misapplied the statute nor considered inappropriate criteria.

With regard to defendant's direct appeal, we perceive no basis for reducing the sentence.

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PEOPLE v. RODRIGUEZ
(Sep 16, 2008)