People v Torres, 2012 NY Slip Op 08448 [101 AD3d 460]

December 11, 2012

Appellate Division, First Department

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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 (Efrain Alvarado, J.), entered on or about November 3, 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 resentencing. Defendant’s extensive criminal history includes several violent felonies, and he has an extremely poor prison disciplinary record with little or no evidence of rehabilitation ( see e.g. People v Suya , 87 AD3d 921 [1st Dept 2011], lv denied 17 NY3d 956 [2011]; People v Gonzalez , 29 AD3d 400 [1st Dept 2006], lv denied 7 NY3d 867 [2006]). Concur—Andrias, J.P., Friedman, DeGrasse, Manzanet-Daniels and Gische, JJ..