Opinion
4993, M-4993.
Decided on November 22, 2011.
Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about March 4, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Elizabeth Mosher of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi-Levi of counsel), for respondent.
Tom, J.P., Saxe, Sweeny, Richter, Manzanet-Daniels, JJ.
The court properly exercised its discretion in determining that substantial justice dictated the denial of defendant's application for resentencing in light of his extensive criminal record and his pattern of misconduct while incarcerated ( see e.g. People v Marti , 81 AD3d 418 , lv denied 17 NY3d 798).
Motion to dismiss appeal denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.