People v Brown

People v Brown 2011 NY Slip Op 04098 Decided on May 17, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 17, 2011
Mazzarelli, J.P., Sweeny, Acosta, Renwick, DeGrasse, JJ.
5087 4097/02

[*1]The People of the State of New York, Respondent,

v

Kevin Brown, Defendant-Appellant.



 
Robert S. Dean, Center for Appellate Litigation, New York
(John Vang of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Allen J.
Vickey of counsel), for respondent.

Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered on or about January 19, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated denial of the motion (see e.g. People v Hidalgo, 47 AD3d 455 [2008]). Defendant's criminal
history and prison disciplinary record were both very extensive and included violent conduct.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 17, 2011

CLERK