People v. Graham

In 2000, defendant was convicted of criminal sale of a controlled substance in the third degree and was sentenced to 6 to 12 years in prison. In 2009, he moved for resentencing pursuant to CPL 440.46 and waived his right to a hearing. County Court denied the motion and this appeal ensued.

We affirm. The record discloses that defendant has a lengthy criminal history, consisting of many drug-related convictions, as well as prior parole violations and prison disciplinary infractions. Under these circumstances, and notwithstanding defendant’s programming achievements while incarcerated, we…