People v Morales

People v Morales 2012 NY Slip Op 03949 Decided on May 22, 2012 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 22, 2012
Tom, J.P., Sweeny, Renwick, Freedman, Abdus-Salaam, JJ.
7720 14637/91

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

v

Larry Morales, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (David Crow
of counsel), and Christine L. Olson, New York, for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jared
Wolkowitz of counsel), for respondent.

Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about June 18, 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 motion. Defendant's very extensive criminal history, along with other negative factors in his background, outweighed evidence of his rehabilitation (see e.g. People v Correa, 83 AD3d 555 [2011], lv denied 17 NY3d 805 [2011]).

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

ENTERED: MAY 22, 2012

CLERK