Ordered that the order is affirmed.
The Supreme Court providently exercised its discretion in denying, on substantial justice grounds, the defendant's motion for resentencing pursuant to CPL 440.46 ( see CPL 440.46; see also L 2004, ch 738, § 23). The defendant had been convicted of two prior violent felonies, and during his approximately 10-year incarceration on the instant offense, he received disciplinary tickets for twelve tier II and five tier III infractions, including tickets for violent conduct and possessing contraband ( see People v Winfield, 59 AD3d 747, 747-748; People v Perez, 57 AD3d 921, 922; People v Flores, 50 AD3d 1156, 1156-1157).