People v. Sullivan

The court met its obligation to offer defendant an opportunity for a hearing when defendant was twice “brought before the court and given an opportunity to be heard” (see People v Anonymous, 85 AD3d 414 [2011]). In any event, defendant, in his belated request for a. hearing, failed to identify any disputed factual issue that would have required an evidentiary hearing (see People v Alaouie, 86 AD3d 462 [2011]).

The court properly exercised its discretion in determining that substantial justice dictated denial of the motion, given defendant’s egregious criminal history, including his repeated…