Opinion
2011-10-4
The PEOPLE of the State of New York, Respondent,v.Robert SULLIVAN, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about March 2, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.
The court met its obligation to offer defendant an opportunity for a hearing when defendant was twice “brought before the court and given an opportunity to be heard” ( see People v. Anonymous, 85 A.D.3d 414, 924 N.Y.S.2d 365 [2011] ). In any event, defendant, in his belated request for a hearing, failed to identify any disputed factual issue that would have required an evidentiary hearing ( see People v. Alaouie, 86 A.D.3d 462, 926 N.Y.S.2d 530 [2011] ).
The court properly exercised its discretion in determining that substantial justice dictated denial of the motion, given defendant's*438 egregious criminal history, including his repeated commission of new crimes upon his release from custody ( see e. g. People v. Soler, 45 A.D.3d 499, 846 N.Y.S.2d 59 [2007], lv. denied 9 N.Y.3d 1009, 850 N.Y.S.2d 397, 880 N.E.2d 883 [2007] ).
ANDRIAS, J.P., FRIEDMAN, RENWICK, RICHTER, MANZANET–DANIELS, JJ., concur.