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PEOPLE v. ARCE

4900, 4796/02.

83 A.D.3d 590 (2011)

920 N.Y.S.2d 908

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ARCE, Appellant.

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

Decided April 26, 2011.

The court appropriately exercised its discretion in determining that substantial justice required denial of defendant's application (see People v Gonzalez, 29 A.D.3d 400 [2006], lv denied 7 N.Y.3d 867 [2006]). Defendant has demonstrated a complete inability to control his behavior. During his incarceration on the underlying conviction he committed 27 disciplinary infractions. In addition, he has repeatedly refused to enter...

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