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PEOPLE v. MANIGAULT

10338, 3938/03.

107 A.D.3d 492 (2013)

966 N.Y.S.2d 666

2013 NY Slip Op 4421

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS MANIGAULT, Appellant.

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

Decided June 13, 2013.

The court properly exercised its discretion in determining that substantial justice dictated the denial of defendant's motion for resentencing. Defendant's lengthy criminal record, his unsatisfactory prison disciplinary record, and his history of absconding from drug treatment and work release outweighed the mitigating factors he cites (see e.g. People v Marti, 81 A.D.3d 418 [1st Dept 2011], lv denied 17 N...

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