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PEOPLE v. MITCHELL

12104-12104A, 2294/04, 6852/04, 4949/04

116 A.D.3d 415 (2014)

982 N.Y.S.2d 481

2014 NY Slip Op 2234

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IBN MITCHELL, Appellant.

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

Decided April 1, 2014.

The court providently exercised its discretion in concluding that substantial justice dictated the denial of the motion. Resentencing is a discretionary determination (People v Sosa, 18 N.Y.3d 436, 442-443 [2012]), and courts may deny the applications of persons who "have shown by their conduct that they do not deserve relief from their sentences" (People v Paulin, 17 N.Y.3d 238, 244 [2011...

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