People v Anonymous

2012 NY Slip Op 06380 [98 AD3d 913]

September 27, 2012

Appellate Division, First Department

As corrected through Wednesday, October 24, 2012

The People of the State of New York,Respondent, v Anonymous, Appellant.

—[*1]Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), forappellant.

Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi-Levi of counsel), forrespondent.

Order, Supreme Court, New York County, (Charles H. Solomon, J.), entered on or aboutNovember 29, 2011, which, upon remand from this Court (87 AD3d 443 [1st Dept 2011]),adhered to its prior order denying defendant's CPL 440.46 motion for resentencing, unanimouslyaffirmed.

The court properly exercised its discretion in determining that substantial justice dictateddenial of the motion (see e.g. People vGonzalez, 29 AD3d 400 [1st Dept 2006], lv denied 7 NY3d 867 [2006]).Defendant's extensive criminal record and 30 prison disciplinary infractions outweighed thepositive factors cited by defendant (seee.g. People v Murray, 89 AD3d 567 [1st Dept 2011], lv denied 18 NY3d 960[2012]). Concur—Tom, J.P., Mazzarelli, Saxe, Catterson and DeGrasse, JJ.