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PEOPLE v. DAVIS

15188, 4361/03

128 A.D.3d 567 (2015)

8 N.Y.S.3d 567

2015 NY Slip Op 04393

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIKE DAVIS, Appellant.

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

Decided May 21, 2015.

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered on or about September 8, 2014, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated the denial of the motion in light of defendant's extensive criminal history and "chronic inability to control his behavior while at liberty" (People...

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