People v. Harrison

2017 NY Slip Op 321, 146 A.D.3d 900, 44 N.Y.S.3d 767

Opinion

Appeal by the defendant from an order of the Supreme Court, Queens County (Kohm, J.), dated February 24, 2016, 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 a jury verdict, on April 3, 1997.

Ordered that the order is affirmed.

The Supreme Court providently exercised its discretion in denying the defendant’s motion to be resentenced pursuant to CPL 440.46, in light of the defendant’s institutional and criminal record, which included 12 tier III infractions and 32 tier II infractions, as well as numerous parole violations, some of which were based upon convictions of new crimes (see People v Duke, 132 AD3d 893 [2015]).

Dillon, J.P., Miller, Hinds-Radix and Connolly, JJ., concur.