| People v McRae |
| 2011 NY Slip Op 07354 [88 AD3d 552] |
| October 20, 2011 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JamelMcRae, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), forrespondent.
Appeals from order, Supreme Court, New York County (Charles H. Solomon, J.), entered onor about March 2, 2010, and order, same court (Renee A. White, J.), entered on or about April19, 2010, each of which denied defendant's CPL 440.46 motion for resentencing, unanimouslydismissed, as moot. Order, same court (Maxwell Wiley, J.), entered on or about May 5, 2010,which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.
In the May 5 order (indictment No. 6372/04), the court denied the motion on the merits. Weconclude that the court providently exercised its discretion when it determined that substantialjustice dictated denial of the application in light of the seriousness of defendant's criminalhistory, which outweighed the mitigating factors he cited (see e.g. People v Gumbs, 66 AD3d 558 [2009], lvdismissed 14 NY3d 771 [2010]). The underlying facts of several of defendant's convictionsindicate an involvement in large-scale drug distribution.
The appeals from the other two orders are moot because Supreme Court has granteddefendant's renewed motions for resentencing as to those matters. Concur—Gonzalez, P.J.,Mazzarelli, Sweeny, Abdus-Salaam and RomÁn, JJ.