New York Supreme and/or Appellate Courts Appellate Division, First Department
May 22, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
LARRY MORALES, DEFENDANT-APPELLANT.
People v Morales
Decided on May 22, 2012
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Sweeny, Renwick, Freedman, Abdus-Salaam, JJ.
Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about June 18, 2010, 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. Defendant's very extensive criminal history, along with other negative factors in his background, outweighed evidence of his rehabilitation (see e.g. People v Correa, 83 AD3d 555 , lv denied 17 NY3d 805 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MAY 22, 2012
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