People v Pacheco

People v Pacheco 2011 NY Slip Op 07482 Decided on October 25, 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 October 25, 2011
Tom, J.P., Saxe, DeGrasse, Freedman, Román, JJ.
5636 394/02

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

v

Andre Pacheco, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Laura Boyd
of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Kayonia L.
Whetstone of counsel), for respondent.

Order, Supreme Court, Bronx County (John P. Collins, J.), entered on or about September 23, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

The record supports the court's determination that substantial justice dictated that defendant's application be denied (see e.g. People v Marti, 81 AD3d 418 [2011], lv denied 17 NY3d 798 [2011]). Defendant was given four opportunities to complete the drug treatment program to which he was initially sentenced, and he did not succeed. He has an extensive criminal history, which includes five felonies and nine misdemeanor
convictions, and six prison disciplinary infractions, including a March 2010 infraction for creating a disturbance, interference and harassment.

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

ENTERED: OCTOBER 25, 2011

CLERK