People v. Scott (82 A.D.3d 655, 2011)

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.