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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BRAITHWAITE, Appellant.

Ordered that the order is affirmed.

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in determining that "substantial justice" dictated the denial of the defendant's application for resentencing ( see People v Curry, 52 AD3d 732; People v Flores, 50 AD3d 1156; People v Stamps, 50 AD3d 827).

The defendant's remaining contentions are without merit.

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PEOPLE v. BRAITHWAITE
(Dec 23, 2008)