People v Castillo, 2016 NY Slip Op 07999 [144 AD3d 594]

November 29, 2016

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Bienvenido Castillo, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Grace Vee of counsel), for respondent.

Order, Supreme Court, New York County (Roger S. Hayes, J.), entered October 13, 2015, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated the denial of defendant’s motion for resentencing ( see People v Sosa , 18 NY3d 436 , 442-443 [2012]; People v Paulin , 17 NY3d 238 , 244 [2011]). Defendant was involved in a drug trafficking operation, murdered a police officer to avoid arrest, and is serving very lengthy state and federal sentences in addition to the sentence at issue. In addition, he has committed numerous and increasingly serious prison disciplinary infractions. Concur—Mazzarelli, J.P., Renwick, Richter, Manzanet-Daniels and Feinman, JJ..