Opinion
2011-10-25
The PEOPLE of the State of New York, Respondent,v.Andre PACHECO, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.Robert T. Johnson, District Attorney, Bronx (Kayonia L. Whetstone of counsel), for respondent.
Order, Supreme Court, Bronx County (John P. Collins, J.), entered on or about September 23, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.
The record supports the court's determination that substantial justice dictated that defendant's application be denied ( see e.g. People v. Marti, 81 A.D.3d 418, 916 N.Y.S.2d 769 [2011], lv. denied 17 N.Y.3d 798, 929 N.Y.S.2d 106, 952 N.E.2d 1101 [2011] ). Defendant was given four opportunities to complete the drug treatment program to which he was initially sentenced, and he did not succeed. He has an extensive criminal history, which includes five felonies and nine misdemeanor convictions, and six prison disciplinary infractions, including a March 2010 infraction for *495 creating a disturbance, interference and harassment.
TOM, J.P., SAXE, DeGRASSE, FREEDMAN, ROMÁN, JJ., concur.