People v. Alaquie

The court properly exercised its discretion in determining that substantial justice dictated denial of the application. Regardless of whether it sometimes used terminology other than “dictated,” the court expressly relied on the applicable standard (see People v Marti, 81 AD3d 418 [2011]), and it properly considered appropriate criteria. Uncontested information about defendant’s very serious pattern of violent behavior while incarcerated dictated denial of his motion (see e.g. People v Flores, 50 AD3d 1156 [2008], Iv dismissed 10 NY3d 934 [2008]).

When the court announced that it was deciding…