Ordered that the order is affirmed.
The Supreme Court providently exercised its discretion in denying the defendant's motion for resentencing pursuant to CPL 440.46. On May 9, 2002, the defendant was sentenced as a second felony offender, and he has an extensive, continuous criminal history in New York dating from 1995. With regard to the instant conviction, the defendant violated the provisions of his plea agreement in 2002 when he failed to enter into and remain...
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