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PEOPLE v. MEDINA

Appellate Division of the Supreme Court of New York, Second Department.
Feb 15, 2011
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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).