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PEOPLE v. JENKINS

13649

123 A.D.3d 441 (2014)

995 N.Y.S.2d 913

2014 NY Slip Op 08474

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAYSHAWN JENKINS, Appellant.

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

Decided December 4, 2014.

The court properly exercised its discretion in determining that substantial justice dictated the denial of defendant's motion for resentencing, given, among other things, his criminal record, his serious history of misconduct while incarcerated, and his failure to complete a drug treatment program (see e.g. People v Arce, 83 A.D.3d 590 [1st...

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