| People v Jenkins |
| 2014 NY Slip Op 08474 [123 AD3d 441] |
| December 4, 2014 |
| 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 Dayshawn Jenkins, Appellant. |
Scott A. Rosenberg, The Legal Aid Society, New York (David Crow of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Melanie A. Sarver of counsel), for respondent.
Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered on or about October 17, 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, given, among other things, his criminal record, his serious history of misconduct while incarcerated, and his failure to complete a drug treatment program (see e.g. People v Arce, 83 AD3d 590 [1st Dept 2011]). Concur—Tom, J.P., Sweeny, DeGrasse, Feinman and Gische, JJ.