| People v Pipkin |
| 2010 NY Slip Op 07368 [77 AD3d 770] |
| October 12, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JohnPipkin, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and MichaelShollar of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rooney, J.),dated December 22, 2009, which denied his motion for resentencing pursuant to CPL 440.46 on hisconviction of criminal sale of a controlled substance in the third degree, which sentence was originallyimposed, upon a jury verdict, on September 24, 1999.
Ordered that the order is affirmed.
The Supreme Court providently exercised its discretion in denying, on substantial justice grounds,the defendant's motion for resentencing pursuant to CPL 440.46 (see CPL 440.46 [3]; seealso L 2004, ch 738, § 23). The defendant had been convicted of two prior violent felonies,and during his approximately 10-year incarceration on the instant offense, he received disciplinarytickets for twelve tier II and five tier III infractions, including tickets for violent conduct and possessingcontraband (see People v Winfield, 59AD3d 747, 747-748 [2009]; People vPerez, 57 AD3d 921, 922 [2008]; People v Flores, 50 AD3d 1156, 1156-1157 [2008]). Mastro, J.P.,Dickerson, Eng and Lott, JJ., concur.