In People v. Perez, 57 AD3d 921, 870 N.Y.S.2d 418 (2nd Dept. 2008), the Appellate Division, Second Department, again affirmed the trial court's denial of a motion for re-sentencing "...on substantial justice grounds..." In so doing, the Second Department noted that during six months of incarceration, "...the defendant received disciplinary tickets for six Tier 3 and ten Tier 2 infractions...Under these circumstances, the court properly concluded that substantial justice dictated the denial of the defendant's resentencing motion." See People v. Winfield, 59 AD3d 747, 874 N.Y.S.2d 225 (2nd Dept. 2009) (trial court denied motion for re-sentencing based upon defendant's extensive prior criminal history and extensive disciplinary history while in prison).