People v. Browne

Appeal by the defendant from an order of the Supreme Court, Kings County (Guzman, J.), dated August 30, 2011, which denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on June 30, 1998.

Ordered that the order is affirmed.

Considering the defendant’s extensive criminal history, pattern of committing crimes while on parole, and institutional record, which included 11 infractions, 6 of which were tier III infractions, the Supreme Court properly…