ALIGNMODE int3,–1int3 is commonly used by Microsoft as a padding. It has the nice property of failure. It also tells the decoders not to speculate the instruction following an indirect branch as the likely branch target.
align 32,db 0xcc
align 32,int3
align 32, db 0xCC
align 32, int3
both seem to work for me. What's the problem you're having exactly?