People v. Madison

Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered on or about August 7, 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 the denial of resentencing. This conclusion was warranted by the totality of the circumstances, including defendant’s extensive criminal history, which included multiple violent offenses, and his generally poor prison disciplinary record (see e.g. People v Arroyo, 99 AD3d 515 [1st Dept 2012], lv denied 20 NY3d 1059…