Opinion
11-08-2017
The PEOPLE, etc., respondent, v. Michael TURNER, appellant.
Paul Skip Laisure, New York, NY (Patricia Pazner of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano and Johnnette Traill of counsel; Lorrie A. Zinno on the brief), for respondent.
Paul Skip Laisure, New York, NY (Patricia Pazner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano and Johnnette Traill of counsel; Lorrie A. Zinno on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Queens County (Kohm, J.), dated March 11, 2016, which, after a hearing, denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal possession of a controlled substance in the third degree, which sentence was originally imposed, upon a jury verdict, on April 6, 1995.
ORDERED that the order is affirmed.
Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion in denying his motion to be resentenced pursuant to CPL 440.46. The defendant has an extensive criminal history (see People v. Perez, 127 A.D.3d 884, 4 N.Y.S.3d 902 ; People v. John, 120 A.D.3d 591, 990 N.Y.S.2d 827 ; People v. George, 118 A.D.3d 1019, 987 N.Y.S.2d 459 ; People v. Vidal, 111 A.D.3d 967, 968, 975 N.Y.S.2d 468 ; People v. Browne, 107 A.D.3d 1013, 966 N.Y.S.2d 873 ; People v. Milland, 103 A.D.3d 669, 670, 958 N.Y.S.2d 507 ). Further, he has exhibited a pattern of committing crimes while on parole (see People v. George, 118 A.D.3d at 1019, 987 N.Y.S.2d 459 ; People v. Vidal, 111 A.D.3d at 968, 975 N.Y.S.2d 468 ; People v. Browne, 107 A.D.3d at 1013, 966 N.Y.S.2d 873 ). In addition, his institutional record of confinement shows several tier II infractions. Accordingly, substantial justice dictated that the defendant's motion be denied.
RIVERA, J.P., CHAMBERS, DUFFY and IANNACCI, JJ., concur.