People v. Harrison , 146 A.D.3d 900 ( 2017 )

People v Harrison (2017 NY Slip Op 00321)

People v Harrison

2017 NY Slip Op 00321

Decided on January 18, 2017

Appellate Division, Second Department

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 January 18, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.

2016-02585
(Ind. No. 11302/96)

[*1]The People of the State of New York, respondent,

v

Rashon Harrison, appellant.

Seymour W. James, Jr., New York, NY (David A. Crow and Davis Polk & Wardwell LLP [Christopher M. Seck], of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Jonathan K. Yi of counsel; Michael Parayannilam on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Queens County (Kohm, J.), dated February 24, 2016, which denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon a jury verdict, on April 3, 1997.

ORDERED that the order is affirmed.

The Supreme Court providently exercised its discretion in denying the defendant's motion to be resentenced pursuant to CPL 440.46, in light of the defendant's institutional and criminal record, which included 12 tier III infractions and 32 tier II infractions, as well as numerous parole violations, some of which were based upon convictions of new crimes (see People v Duke, 132 AD3d 893).

DILLON, J.P., MILLER, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court