Opinion
03-15-2017
The PEOPLE of the State of New York, Respondent, v. Jasper GRAYSON, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (David Crow of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Dmitriy Povazhuk of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (David Crow of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Dmitriy Povazhuk of counsel), for respondent.
Order, Supreme Court, Bronx County (George Villegas, J.), entered on or about May 2, 2013, 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 defendant's motion (see People v. Sosa, 18 N.Y.3d 436, 442–443, 940 N.Y.S.2d 534, 963 N.E.2d 1235 [2012] ; People v. Paulin, 17 N.Y.3d 238, 244, 929 N.Y.S.2d 36, 952 N.E.2d 1028 [2011] ), particularly in light of the very serious criminal conduct in which defendant engaged shortly after he was released on parole for the underlying drug conviction.
FRIEDMAN, J.P., ANDRIAS, GISCHE, WEBBER, JJ., concur.