The People of the State of New York, Respondent, v. Keith Scott, Defendant–Appellant.

Supreme Court, Appellate Division, First Department, New York.

The People of the State of New York, Respondent, v. Keith Scott, Defendant–Appellant.

4659

Decided: March 29, 2011

Tom, J.P., Sweeny, Catterson, Acosta, Manzanet–Daniels, JJ. Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi–Levi of counsel), for respondent.

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Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about January 8, 2010, 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.   Defendant had an extensive record of felony drug convictions, and a very serious record of misconduct while incarcerated (see e. g. People v. Hidalgo, 47 AD3d 455 [2008] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK