Opinion
10645 Ind. 4528/01
12-26-2019
The PEOPLE of the State of New York, Respondent, v. Lamont JONES, Defendant–Appellant.
Christina A. Swarns, Office of the Appellate Defender, New York (Angie Louie of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Christina A. Swarns, Office of the Appellate Defender, New York (Angie Louie of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Oing, Singh, Gonza´lez, JJ.
Order, Supreme Court, New York County (Erika M. Edwards, J.), entered on or about September 5, 2018, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.
After considering the relevant factors, the court properly exercised its discretion (see People v. Sosa , 18 N.Y.3d 436, 442–443, 940 N.Y.S.2d 534, 963 N.E.2d 1235 [2012] ) in determining that substantial justice dictated the denial of resentencing. Courts may deny the applications of persons who "have shown by their conduct that they do not deserve relief from their sentences" ( People v. Paulin , 17 N.Y.3d 238, 244, 929 N.Y.S.2d 36, 952 N.E.2d 1028 [2011] ). Defendant's criminal history includes a serious crime of violence committed while he was on bail in connection with the drug sale upon which he seeks resentencing, and his institutional record, which he describes as "exemplary," actually includes numerous disciplinary infractions (see e. g. People v. Arroyo , 99 A.D.3d 515, 952 N.Y.S.2d 42 [1st Dept. 2012], lv denied 20 N.Y.3d 1059, 962 N.Y.S.2d 610, 985 N.E.2d 920 [2013] ).