PEOPLE v. HARRISON

2016-02585, Ind. No. 11302/96.

146 A.D.3d 900 (2017)

2017 NY Slip Op 00321

44 N.Y.S.3d 767

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RASHON HARRISON, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 18, 2017.


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,

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