People v Vega

People v Vega 2010 NY Slip Op 07124 [77 AD3d 428] October 7, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

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

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Brian J. Reimels of counsel), for respondent.

Order, Supreme Court, Bronx County (Eugene Oliver, Jr., J.), entered on or about December 16, 2009, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

In light of defendant's serious record of misconduct, including violent behavior, both before and after his drug conviction, the court properly exercised its discretion in concluding that substantial justice would dictate the denial of defendant's application for resentencing (see e.g. People v Hidalgo, 47 AD3d 455 [2008]). We find it unnecessary to decide any other issue. Concur—Andrias, J.P., Friedman, Richter and Manzanet-Daniels, JJ.