People v Paulin

People v Paulin 2012 NY Slip Op 07030 Decided on October 18, 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 October 18, 2012
Andrias, J.P., Sweeny, Catterson, Moskowitz, Manzanet-Daniels, JJ.
8184 3959/01 5330/01

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

v

David Lance Paulin, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Mark
W. Zeno of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Lindsey J.
Ramistella of counsel), for respondent.

Order, Supreme Court, Bronx County (John P. Collins, J.), entered on or about September 29, 2011, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly exercised its discretion in finding that substantial justice dictates denial of defendant's motion (see e.g. People v Gonzalez, 29 AD3d 400 [2006], lv dismissed 7 NY3d 867 [2006]). Defendant's continued pattern of criminal activity while on parole and his poor prison disciplinary record demonstrate that he has little remorse for his actions. While on parole, defendant was indicted for grand larceny and conspiracy, convicted of four new misdemeanor offenses, had his parole revoked three times and committed seven infractions while incarcerated (see People v Paulin, 17 NY3d 238 [2011]).

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

ENTERED: OCTOBER 18, 2012

CLERK