People v Pica, 2011 NY Slip Op 09192 [90 AD3d 554]

Dcmbr 20, 2011

Appellate Division, First Department

— [*1]

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

Robert T. Johnson, District Attorney, Bronx (Jenetha G. Philbert of counsel), for respondent.

Order, Supreme Court, Bronx County (John W. Carter, J.), entered on or about January 14, 2011, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated denial of the motion. Defendant had an extensive criminal history and an extremely poor prison disciplinary record ( see e.g . People v Gonzalez , 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Concur—Saxe, J.P., Catterson, Moskowitz and Acosta, JJ..