| People v Vargas |
| 2014 NY Slip Op 00577 [113 AD3d 570] |
| January 30, 2014 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Gabriel Vargas, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), forrespondent.
Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or aboutFebruary 14, 2012, which denied defendant's CPL 440.46 motion for resentencing,unanimously affirmed.
The court properly exercised its discretion in determining that substantial justicedictated denial of the motion. Resentencing "involves a complex balancing of severalsets of compelling and in some respects competing concerns" (People v Sosa, 18 NY3d436, 442 [2012]), requiring the "exercise of judicial discretion to determine whetherrelief to an eligible applicant is in the end consonant with the dictates of substantialjustice" (id. at 443), and courts may deny the applications of persons who "haveshown by their conduct that they do not deserve relief from their sentences" (People v Paulin, 17 NY3d238, 244 [2011]). Defendant's very extensive criminal record, including convictionsof felonies committed while incarcerated, along with his serious prison disciplinaryinfractions outweighed the positive factors he cites. Concur—Gonzalez, P.J.,Friedman, Renwick, Freedman and Richter, JJ.