Appellate Division of the Supreme Court of the State of New York April 5, 2007 (People v. Rojas)

Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered May 18, 2006, which denied defendant’s motion to be resentenced, unanimously reversed, on the law, and the matter remanded to Supreme Court for it to exercise its discretion and determine, either on the current record or on the basis of any additional submissions the parties might make, whether substantial justice dictates