People v Pica

People v Pica 2011 NY Slip Op 09192 Decided on December 20, 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 December 20, 2011
Saxe, J.P., Catterson, Moskowitz, Acosta, JJ.
6395 2120/98

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

v

Freddy Pica, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Barbara Zolot of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Jenetha G. Philbert
of counsel), for respondent.

Order, Supreme Court, Bronx County (John W. Carter, J.), entered on or about January 14, 2011, 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. Defendant had an extensive criminal history and an extremely poor
prison disciplinary record (see e.g. People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]).

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

ENTERED: DECEMBER 20, 2011

CLERK