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PEOPLE v. GUMBS

1247, 844/92.

66 A.D.3d 558 (2009)

886 N.Y.S.2d 596

2009 NY Slip Op 7494

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUNIOR GUMBS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 22, 2009.

The court properly recognized the degree of discretion it possessed (compare People v Arana, 32 A.D.3d 305 [2006]), and providently exercised its discretion when it determined that substantial justice dictated denial of defendant's application. The scale of defendant's involvement in drug trafficking outweighed his favorable prison record (see e.g. People v Rizo, 51 A.D.3d 436 [2008];

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