| People v Suya |
| 2011 NY Slip Op 06538 [87 AD3d 921] |
| September 22, 2011 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v FelixSuya, Appellant. |
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Robert T. Johnson, District Attorney, Bronx (Jason S. Whitehead of counsel), forrespondent.
Order, Supreme Court, Bronx County (Richard L. Price, J.), entered on or about January 20,2011, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.
As conceded by the People, defendant's 1999 robbery conviction did not constitute an"exclusion offense" that rendered him ineligible for resentencing pursuant to CPL 440.46.Nevertheless, the court properly exercised its discretion in concluding that substantial justicedictated denial of defendant's application for resentencing (see People v Gonzalez, 29 AD3d 400 [2006], lv denied 7NY3d 867 [2006]). Defendant's criminal record is very serious and includes violent crimes. Inaddition, his prison disciplinary record is extraordinarily poor. Concur—Saxe, J.P.,Friedman, Acosta, DeGrasse and Abdus-Salaam, JJ.