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PEOPLE v. BROWNE

2011-08633.

107 A.D.3d 1013 (2013)

966 N.Y.S.2d 873

2013 NY Slip Op 4823

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN BROWNE, Appellant.

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

Decided June 26, 2013.

Ordered that the order is affirmed.

Considering the defendant's extensive criminal history, pattern of committing crimes while on parole, and institutional record, which included 11 infractions, 6 of which were tier III infractions, the Supreme Court properly determined that substantial justice dictated the denial of the defendant's motion for resentencing pursuant to CPL 440.46 (see People v Cabrera, 103 A.D.3d 748 [2013...

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