People v Suya

People v Suya 2011 NY Slip Op 06538 Decided on September 22, 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 September 22, 2011
Saxe, J.P., Friedman, Acosta, DeGrasse, Abdus-Salaam, JJ.
5558 4930/97

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

v

Felix Suya, Defendant-Appellant.



 
Robert S. Dean, Center for Appellate Litigation, New York (Jan
Hoth of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Jason S.
Whitehead of counsel), for respondent.

Order, Supreme Court, Bronx County (Richard Lee Price, J.), entered on or about January 20, 2011, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

As conceded by the people, defendant's 1999 robbery conviction did not constitute an "exclusion offense" that rendered him ineligible for resentencing pursuant to CPL 440.46. Nevertheless, the court properly exercised its discretion in concluding that substantial justice dictated denial of defendant's application for resentencing (see People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Defendant's criminal record is very serious and includes violent crimes. In addition, his prison disciplinary record is extraordinarily poor.

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

ENTERED: SEPTEMBER 22, 2011

CLERK