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
Friedman, J.P., Moskowitz, Freedman, Richter, Abdus-Salaam, JJ.
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 , lv denied, 7 NY3d 867 ). 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 ), committing numerous crimes while on parole and even while his resentencing application was pending.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 18, 2012
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