People v Neely
2012 NY Slip Op 07031 [99 AD3d 578]
October 18, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


The People of the State of New York, Respondent,
v
Corey Neely, Also Known as Corey Everette, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (David C. Bornstein of counsel), for respondent.

Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered on or about September 20, 2011, which denied defendant's renewed CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated denial of the defendant's motion (see e.g. People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Defendant has demonstrated a "chronic inability to control his behavior while at liberty" (People v Correa, 83 AD3d 555, 556 [1st Dept 2011], lv denied 17 NY3d 805 [2011]), committing numerous crimes while on parole and even while his resentencing application was pending. Concur—Friedman, J.P., Moskowitz, Freedman, Richter and Abdus-Salaam, JJ.