People v Manigault
2013 NY Slip Op 04421 [107 AD3d 492]
June 13, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


The People of the State of New York, Respondent,
v
Francis Manigault, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (David Crow of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (David P. Johnson of counsel), for respondent.

Order, Supreme Court, Bronx County (Dominic R. Massaro, J.), entered October 26, 2012, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated the denial of defendant's motion for resentencing. Defendant's lengthy criminal record, his unsatisfactory prison disciplinary record, and his history of absconding from drug treatment and work release outweighed the mitigating factors he cites (see e.g. People v Marti, 81 AD3d 418 [1st Dept 2011], lv denied 17 NY3d 798 [2011]). Concur—Tom, J.P., Friedman, Freedman and Feinman, JJ. [Prior Case History: 37 Misc 3d 1215(A), 2012 NY Slip Op 52045(U).]