People v. Cheatham, 278 A.D.2d 889

Judgment unanimously affirmed. Memorandum: Defendant contends that Supreme Court failed to exercise its discretion in resentencing him following a violation of probation. Although defendant’s waiver of the right to appeal does not encompass defendant’s resentencing following a violation of probation (see, People v Rodriguez, 259 AD2d 1040), we conclude that the court did not fail to exercise its discretion in resentencing defendant (see, People v Wright, 239 AD2d 945; cf., People v Nicholson, 237 AD2d 973, lv denied 90 NY2d 908). Furthermore, the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Violation of Probation.) Present — Pigott, Jr., P. J., Hurlbutt, Kehoe and Lawton, JJ.

Case Details

Case Name: People v. Cheatham

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Dec 27, 2000

Citations: 278 A.D.2d 889; 718 N.Y.S.2d 913; 2000 N.Y. App. Div. LEXIS 13421

Court Abbreviation: N.Y. App. Div.