Opinion
04-08-2015
The PEOPLE, etc., respondent, v. James PEREZ, appellant.
Lynn W.L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Caroline R. Donhauser of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Caroline R. Donhauser of counsel), for respondent.
Opinion
Appeal by the defendant from an order of the Supreme Court, Kings County (Gubbay, J.), dated October 2, 2013, which, after a hearing, denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on January 12, 2006.
ORDERED that the order is affirmed.
The Supreme Court did not improvidently exercise its discretion in denying the defendant's motion to be resentenced pursuant to CPL 440.46. The defendant has an extensive criminal history, as well as a pattern of repeatedly violating the conditions of his parole (see People v. John, 120 A.D.3d 591, 990 N.Y.S.2d 827 ; People v. George, 118 A.D.3d 1019, 987 N.Y.S.2d 459 ). His most recent conviction, for attempted robbery in the first degree, involved his attempt to rob two victims at knifepoint. Accordingly, substantial justice warranted the Supreme Court's conclusion that the defendant's motion be denied (see People v. John, 120 A.D.3d at 591, 990 N.Y.S.2d 827 ; People v. George, 118 A.D.3d at 1019–1020, 987 N.Y.S.2d 459 ; People v. Vidal, 111 A.D.3d 967, 968, 975 N.Y.S.2d 468 ).
RIVERA, J.P., DICKERSON, CHAMBERS and BARROS, JJ., concur.