People v Torres

People v Torres 2012 NY Slip Op 08448 Decided on December 11, 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 December 11, 2012
Andrias, J.P., Friedman, DeGrasse, Manzanet-Daniels, Gische, JJ.
8763 7529/95

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

v

Jose Torres, 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 (Efrain Alvarado, J.), entered on or about November 3, 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 resentencing. Defendant's extensive criminal history includes several violent felonies, and he has an extremely poor prison disciplinary record with little or no evidence of rehabilitation (see e.g. People v
Suya, 87 AD3d 921 [1st Dept 2011], lv denied 17 NY3d 956 [2011]; People v Gonzalez, 29 AD3d 400 [1st Dept], lv denied 7 NY3d 867 [2006]).

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

ENTERED: DECEMBER 11, 2012

CLERK