People v. Perez

Appeal by the defendant from an order of the Supreme Court, Kings County (Gubbay, J.), dated October 2, 2013, which, after a hearing, 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 January 12, 2006.

Ordered that the order is affirmed.

The Supreme Court did not improvidently exercise its discretion in denying the defendant’s motion to be resentenced pursuant to CPL 440.46. The defendant has an extensive criminal history, as well as a…