Opinion
2013-12-12
The PEOPLE of the State of New York, Respondent, v. Ajene MOORE, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Ravi Kantha of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Ravi Kantha of counsel), for respondent.
Order, Supreme Court, Bronx County (Alvin M. Yearwood, J.), entered April 30, 2012, 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 ( see generally People v. Gonzalez, 29 A.D.3d 400, 815 N.Y.S.2d 75 [2006], lv. denied 7 N.Y.3d 867, 824 N.Y.S.2d 612, 857 N.E.2d 1143 [2006] ). Defendant's history of recidivism, while enrolled in the drug treatment program he attended as part of his plea agreement, and while on parole, outweighed the modest positive factors cited by defendant in support of his motion ( see e.g. People v. Spann, 88 A.D.3d 597, 931 N.Y.S.2d 498 [1st Dept.2011], lv. denied 18 N.Y.3d 886, 939 N.Y.S.2d 756, 963 N.E.2d 133 [2012] ). GONZALEZ, P.J., ANDRIAS, SAXE, RICHTER, CLARK, JJ., concur.