People v. Manigault

• Court: New York Supreme Court — Appellate Division
• Citation: People v. Manigault, 107 A.D.3d 492, 966 N.Y.S.2d 666, 2013 N.Y. Slip Op. 4421 (N.Y. App. Div. 2013)
• Decision Date: 13 June 2013
• Parties: The PEOPLE of the State of New York, Respondent, v. Francis MANIGAULT, Defendant–Appellant.

107 A.D.3d 492

966 N.Y.S.2d 666

2013 N.Y. Slip Op. 04421

The PEOPLE of the State of New York, Respondent,

v.Francis MANIGAULT, Defendant–Appellant.

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

June 13, 2013.

Steven Banks, The Legal Aid Society, New York (David Crow of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (David P. Johnson of counsel), for respondent.

Order, Supreme Court, Bronx County (Dominic R. Massaro, J.), entered October [107 A.D.3d 493]26, 2012, 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 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, 916 N.Y.S.2d 769 [1st Dept. 2011],lv. denied17 N.Y.3d 798, 929 N.Y.S.2d 106, 952 N.E.2d 1101 [2011] ).

TOM, J.P., FRIEDMAN, FREEDMAN, FEINMAN, JJ., concur.