People v Correa, 2011 NY Slip Op 03178 [83 AD3d 555]

April 21, 2011

Appellate Division, First Department

— [*1]

Chadbourne & Parke, LLP, New York (Andrea Voelker of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Thomas R. Villecco of counsel), for respondent.

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered on or about April 7, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

The resentencing court providently exercised its discretion ( see People v Gonzalez , 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]) in determining that substantial justice required the denial of defendant’s motion. Defendant has a very extensive criminal record, including crimes of violence, and has frequently committed new crimes after being released on parole or while awaiting trial on other charges. The court properly concluded that defendant’s chronic inability to control his behavior while at liberty outweighed his recent evidence of rehabilitation while incarcerated. Concur—Friedman, J.P., Sweeny, DeGrasse, Abdus-Salaam and RomÁn, JJ..