8763. PEOPLE, res, v. JOSE TORRES, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Jenetha G. Philbert of counsel), for res — Order, Supreme Court, Bronx County (Efrain Alvarado, J.), entered on or about November 3, 2011, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated denial of resentencing. Defendant's extensive criminal history includes several violent felonies, and he has an extremely poor prison disciplinary record with little or no evidence of rehabilitation (see e.g. People v. Suya, 87 AD3d 921 [1st Dept 2011], lv denied 17 NY3d 956 [2011]; People v. Gonzalez, 29 AD3d 400 [1st Dept], lv denied 7 NY3d 867 [2006]).

This constitutes the decision and order of the Supreme Court, Appellate Division, First Department.