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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEL MEDINA, Appellant.

Ordered that the resentence is affirmed.

The Supreme Court providently exercised its discretion in resentencing the defendant to a determinate term of imprisonment of 5½ years, with three years of postrelease supervision ( see People v Newton, 48 AD3d 115, 119-120). In light of the defendant's disciplinary history while incarcerated, which included 10 disciplinary citations, and his history of committing crimes while on parole, a further reduction of the defendant's sentence was not warranted ( see CPL 440.46; People v Almanzar, 43 AD3d 825; cf. People v Colon, 77 AD3d 849).

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PEOPLE v. MEDINA
(Feb 15, 2011)