Appellate Division of the Supreme Court of the State of New York April 21, 2011 (People v. Correa)

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered on or about April 7, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

The resentencing court providently exercised its discretion (see People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]) in determining that substantial justice required the denial of defendant’s motion.