| People v Rivera |
| 2011 NY Slip Op 04075 [84 AD3d 980] |
| May 10, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v LuisRivera, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JohnnetteTraill, and Josette Simmons McGhee of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Queens County (Kron, J.),dated May 25, 2010, which denied, without a hearing, his motion to be resentenced pursuant toCPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree,which sentence was originally imposed, upon his plea of guilty, on March 1, 2005.
Ordered that the order is affirmed.
Contrary to the defendant's contention, the Supreme Court providently exercised itsdiscretion in denying his motion for resentencing on substantial justice grounds. The defendanthas an extensive criminal record dating back to 1989, which includes a conviction for the violentfelony offense of robbery in the first degree, and two prior drug-related felonies. Further, all threeof the defendant's drug-related felony offenses were committed while he was on parole. Underthe circumstances, considerations of substantial justice support the Supreme Court'sdetermination to deny the motion (seePeople v Colon, 77 AD3d 849, 850 [2010]; People v Curry, 52 AD3d 732 [2008]; People v Perez, 57 AD3d 921, 922[2008]; People v Stamps, 50 AD3d827, 828 [2008]; People vFlores, 50 AD3d 1156, 1156-1157 [2008]; People v Sanders, 36 AD3d 944, 946-947 [2007]). Dillon, J.P.,Florio, Balkin and Eng, JJ., concur.