
    The People of the State of New York, Respondent, v Gerard Spann, Appellant.
    [931 NYS2d 498]
   The court properly exercised its discretion in determining that substantial justice dictated denial of the motion (see generally People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Defendant’s history of recidivism and absconding outweighed the positive factors cited by defendant, including his prison record (see e.g. People v Soler, 45 AD3d 499 [2007], lv dismissed 9 NY3d 1009 [2007]). Concur — Tom, J.P., Saxe, Moskowitz, DeGrasse and Abdus-Salaam, JJ.  