People v. Villalona (91 A.D.3d 536, 2012)

Regardless of whether defendant was eligible for resentencing, the record supports the court’s alternative finding that substantial justice dictated denial of the application. That determination was a proper exercise of the court’s discretion (see People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Shortly after being released from prison on a homicide conviction, defendant possessed a significant quantity of drugs under circumstances indicating that he was involved in large-scale drug trafficking. These factors outweighed defendant’s favorable record while incarcerated on the drug case (see e.g. People v Gumbs, 66 AD3d 558 [2009], lv dismissed 14 NY3d 771 [2010]). Concur — Tom, J.P, Catterson, DeGrasse, Richter and Manzanet-Daniels, JJ.