Opinion
2012-04-19
The PEOPLE of the State of New York, Respondent, v. Daniel ALVAREZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Elizabeth Mosher of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Marc Weber of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Elizabeth Mosher of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Marc Weber of counsel), for respondent.
Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about January 19, 2011, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.
The court providently exercised its discretion in determining that substantial justice dictated denial of resentencing, given defendant's violent criminal history and poor prison disciplinary record ( see e.g. People v. Rodriguez, 86 A.D.3d 441, 926 N.Y.S.2d 832 [2011], lv. denied 17 N.Y.3d 861, 932 N.Y.S.2d 27, 956 N.E.2d 808 [2011] ). Defendant's attempt to minimize his violent conduct is unpersuasive. Defendant also argues that the underlying sentence was harsh and excessive to begin with. However, this Court rejected that argument on defendant's appeal from his conviction (46 A.D.3d 476, 477, 849 N.Y.S.2d 207 [2007], lv. denied 10 N.Y.3d 807, 857 N.Y.S.2d 41, 886 N.E.2d 806 [2008] ).