| People v Paulin |
| 2012 NY Slip Op 07030 [99 AD3d 578] |
| October 18, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v David Lance Paulin, Appellant. |
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W. Zeno of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Lindsey J. Ramistella of counsel), for
respondent.
Order, Supreme Court, Bronx County (John P. Collins, J.), entered on or about September 29, 2011, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.
The court properly exercised its discretion in finding that substantial justice dictates denial of defendant's motion (see e.g. People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Defendant's continued pattern of criminal activity while on parole and his poor prison disciplinary record demonstrate that he has little remorse for his actions. While on parole, defendant was indicted for grand larceny and conspiracy, convicted of four new misdemeanor offenses, had his parole revoked three times and committed seven infractions while incarcerated (see People v Paulin, 17 NY3d 238 [2011]). Concur—Andrias, J.P., Sweeny, Catterson, Moskowitz and Manzanet-Daniels, JJ.