PEOPLE, res, v. CHRISTOPHER FORD, def-ap

8402. PEOPLE, res, v. CHRISTOPHER FORD, def-ap — Steven Banks, The Legal Aid Society, New York (Steven Berko of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York ( R. Vance, Jr., District Attorney, New York (Jared Wolkowitz of counsel), for res — Order, Supreme Court, New York County (Laura A. Ward, J.), entered on or about January 6, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

The court concluded that substantial justice dictated the denial of the motion (see generally People v. Gonzalez, 29 AD3d 400 [1st Dept 2006], lv denied 7 NY3d 867 [2006]). We have consistently held that, in determining whether substantial justice dictates the denial of a resentencing application, it is proper to consider the totality of the circumstances, including the nature and seriousness of the offense for which the defendant was sentenced (see e.g. People v. Rodriguez 54 AD3d 600 [1st Dept 2008]), the defendant’s conduct post-sentence (see People v. Batista, 45 AD3d 396 [1st Dept 2007]), and his or her criminal and institutional record (see People v. Anonymous, 98 AD3d 913 [1st Dept 2012], lv denied 20 NY3d 985 [2012]).