New York Supreme and/or Appellate Courts Appellate Division, First Department
October 18, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
DAVID LANCE PAULIN,
People v Paulin
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.
Decided on October 18, 2012
Andrias, J.P., Sweeny, Catterson, Moskowitz, Manzanet-Daniels, JJ.
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 , lv dismissed 7 NY3d 867 ). 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 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 18, 2012
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