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PEOPLE v. RODRIGUEZ

5533, 4946/02.

86 A.D.3d 441 (2011)

926 N.Y.S.2d 832

2011 NY Slip Op 5877

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT RODRIGUEZ, Appellant.

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

Decided July 7, 2011.

The court properly exercised its discretion in determining that substantial justice dictated denial of defendant's motion, given defendant's criminal history, disciplinary record while incarcerated and failure to successfully complete drug treatment for drug abuse (see People v Gonzalez, 29 A.D.3d 400 [2006], lv denied 7 N.Y.3d 867 [2006]).

Defendant also claims, and the People agree, that a DNA databank fee should...

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