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The PEOPLE of the State of New York, Respondent, v. David Lance PAULIN, Defendant–Appellant.

Decided: October 18, 2012

ANDRIAS, J.P., SWEENY, CATTERSON, MOSKOWITZ, MANZANET–DANIELS, JJ. Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Lindsey J. Ramistella of counsel), for respondent.

Order, Supreme Court, Bronx County (John P. Collins, J.), entered on or about September 29, 2011, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly exercised its discretion in finding that substantial justice dictates denial of defendant's motion (see e.g. People v. Gonzalez, 29 A.D.3d 400, 815 N.Y.S.2d 75 [2006], lv. dismissed 7 N.Y.3d 867, 824 N.Y.S.2d 612, 857 N.E.2d 1143 [2006] ). Defendant's continued pattern of criminal activity while on parole and his poor prison disciplinary record demonstrate that he has little remorse for his actions. While on parole, defendant was indicted for grand larceny and conspiracy, convicted of four new misdemeanor offenses, had his parole revoked three times and committed seven infractions while incarcerated (see People v. Paulin, 17 N.Y.3d 238, 929 N.Y.S.2d 36, 952 N.E.2d 1028 [2011] ).