People v Perez

People v Perez 2011 NY Slip Op 08474 Decided on November 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 November 22, 2011
Tom, J.P., Saxe, Sweeny, Richter, Manzanet-Daniels, JJ.
5450/03 -4993

[*1]6122 & The People of the State of New York, Respondent,

v

Miguel Perez, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Elizabeth Mosher of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Yuval
Simchi- Levi of counsel), for respondent.

Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about March 4, 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 the denial of defendant's application for resentencing in light of his extensive criminal
record and his pattern of misconduct while incarcerated (see e.g. People v Marti, 81 AD3d 418 [2011], lv denied 17 NY3d 798 [2011]). M-4993 - People v Miguel PerezMotion to dismiss appeal denied.

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

ENTERED: NOVEMBER 22, 2011

CLERK