Opinion
12-04-2014
The PEOPLE of the State of New York, Respondent, v. Dayshawn JENKINS, Defendant–Appellant.
Scott A. Rosenberg, The Legal Aid Society, New York (David Crow of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Melanie A. Sarver of counsel), for respondent.
Scott A. Rosenberg, The Legal Aid Society, New York (David Crow of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Melanie A. Sarver of counsel), for respondent.
Opinion Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered on or about October 17, 2012, 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 for resentencing, given, among other things, his criminal record, his serious history of misconduct while incarcerated, and his failure to complete a drug treatment program (see e. g. People v. Arce, 83 A.D.3d 590, 920 N.Y.S.2d 908 [1st Dept.2011] ).
TOM, J.P., SWEENY, DeGRASSE, FEINMAN, GISCHE, JJ., concur.