June 13, 2013
The People of the State of New York, Respondent,
Francis Manigault, Defendant-Appellant.
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.
Tom, J.P., Friedman, Freedman, Feinman, JJ.
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 A.D.3d 418 [1st Dept 2011], lv denied 17 N.Y.3d 798 ).