In People v. Flores, 50 AD3d 1156, 856 N.Y.S.2d 668 (2nd Dept.), appeal dismissed, 10 N.Y.3d 934, 892 N.E.2d 406, 862 N.Y.S.2d 340 (2008), the Appellate Division, Second Department, affirmed the trial court's denial of a motion for re-sentencing, observing that: The Supreme Court...providently exercised its discretion in denying the defendant's application to be resentenced...The defendant is a second felony offender with a prior criminal history dating back to 1994...Moreover, despite the defendant's positive achievements while incarcerated, he also has a poor prison disciplinary record.... The 2005 DRLA expressly provides that the court may consider the institutional record of confinement of a person seeking to be resentenced thereunder...Here, during approximately 5 1/3 years of incarceration, the defendant received six disciplinary tickets...The defendant also received disciplinary sanctions which totaled 60 days of keep lock time for five other disciplinary infractions...