Opinion
2014-04-29
The PEOPLE of the State of New York, Respondent, v. Luis RODRIGUEZ, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Nancy Killian of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Nancy Killian of counsel), for respondent.
Order, Supreme Court, Bronx County (John P. Collins, J.), entered on or about February 12, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.
The court properly exercised its discretion in determining that substantial justice dictated denial of the motion ( see e.g. People v. Gonzalez, 29 A.D.3d 400, 815 N.Y.S.2d 75 [1st Dept.2006],lv. denied7 N.Y.3d 867, 824 N.Y.S.2d 612, 857 N.E.2d 1143 [2006] ). Resentencing is not automatic, and 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 has demonstrated a “chronic inability to control his behavior while at liberty” ( People v. Correa, 83 A.D.3d 555, 556, 920 N.Y.S.2d 668 [1st Dept.2011],lv. denied 17 N.Y.3d 80, 929 N.Y.S.2d 565, 953 N.E.2d 803 [2011] ). In addition to having an extensive criminal record before the underlying conviction, defendant subsequently committed numerous crimes and repeatedly violated his parole. GONZALEZ, P.J., SWEENY, MOSKOWITZ, RICHTER, CLARK, JJ., concur.