The court properly exercised its discretion in determining that substantial justice dictated denial of the motion. Defendant had an extensive record of felony drug convictions, and a very serious record of misconduct while incarcerated (see e.g. People v Hidalgo, 47 AD3d 455 [2008]). Concur — Tom, J.E, Sweeny, Catterson, Acosta and Manzanet-Daniels, JJ.
The People of the State of New York, Respondent, v. Keith Scott, Appellant
82 A.D.3d 655919 N.Y.S.2d 332
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