People v Estela, 2011 NY Slip Op 00410 [80 AD3d 526]

January 25, 2011

Appellate Division, First Department

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

Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.

Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or about March 24, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

The court considered the appropriate factors and properly exercised its discretion in denying resentencing. Given defendant’s extensive criminal record, the serious infraction he committed while incarcerated and his history of absconding, the court properly concluded that substantial justice dictated denial of the motion ( see e.g . People v Hidalgo , 47 AD3d 455 [2008]). Concur—Saxe, J.P., Moskowitz, Richter, Manzanet-Daniels and RomÁn, JJ..