People v Perez, 2011 NY Slip Op 08474 [89 AD3d 597]

November 22, 2011

Appellate Division, First Department

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

Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi- Levi of counsel), for respondent.

Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about March 4, 2010, 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 application for resentencing in light of his extensive criminal record and his pattern of misconduct while incarcerated ( see e.g. People v Marti , 81 AD3d 418 [2011], lv denied 17 NY3d 798 [2011]). Concur—Tom, J.P., Saxe, Sweeny, Richter and Manzanet-Daniels, JJ. Motion to dismiss appeal denied. Concur—Tom, J.P., Saxe, Sweeny, Richter and Manzanet-Daniels, JJ..