Opinion
01-26-2015
The PEOPLE of the State of New York, Respondent, v. Nelson FLORES, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Eve Kessler of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (William Terrell, III of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Eve Kessler of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (William Terrell, III of counsel), for respondent.
Opinion
Order, Supreme Court, Bronx County (Barbara F. Newman, J.), entered on or about April 5, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.
The court properly exercised its discretion in determining that substantial justice dictated the denial of resentencing (see e. g. People v. Rodriguez, 116 A.D.3d 639, 983 N.Y.S.2d 804 [1st Dept.2014], lv. denied 23 N.Y.3d 1042, 993 N.Y.S.2d 255, 17 N.E.3d 510 [2014] ). Among other things, defendant absconded and remained a fugitive for many years, during which time he trafficked in drugs in various states, and engaged in such activity even while he was in federal custody. Contrary to defendant's assertion, the court expressly considered evidence of defendant's rehabilitation during his most recent period of incarceration, and concluded that it was outweighed by the factors militating against resentencing (see People v. Marte, 44 A.D.3d 442, 843 N.Y.S.2d 279 [1st Dept.2007], appeal dismissed 9 N.Y.3d 991, 848 N.Y.S.2d 609, 878 N.E.2d 1025 [2007] ).
TOM, J.P., ACOSTA, SAXE, MOSKOWITZ, FEINMAN, JJ., concur.