People v. White

Jul 29, 2010
Reporters:
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Defendant was convicted in 2008 of the crime of attempted assault in the second degree and was sentenced to five years of probation. In January 2009, she was charged ‍‌​‌‌‌‌‌‌‌‌‌‌‌​‌‌‌​​‌‌‌‌‌‌​‌‌​‌​​​​​​‌‌​​​​​​‌‌‌​‌‌‌​‌‌‌‌​​‌​‌​​​​​​​‌​‌‌​‌‌‌‌‌‌​‌​​‌‌​​‌​​‌​​​‌‌‍with violating the conditions of her probation. She subsequently admitted to the probation violations, her probation was revoked and she was resentenced to 11/3 to 4 years in prison, to run concurrently with the sentence imposed in connection with another attempted assault conviction in Albany County. Defendant ‍‌​‌‌‌‌‌‌‌‌‌‌‌​‌‌‌​​‌‌‌‌‌‌​‌‌​‌​​​​​​‌‌​​​​​​‌‌‌​‌‌‌​‌‌‌‌​​‌​‌​​​​​​​‌​‌‌​‌‌‌‌‌‌​‌​​‌‌​​‌​​‌​​​‌‌‍appeals.

Defendant asserts that County Court abused its discretion in resentencing her to a term of imprisonment. Based upon our review of the record, we disagree. Defendant has a history of committing violent offenses, including attacking a woman with a sheetrock knife while she was on probation. ‍‌​‌‌‌‌‌‌‌‌‌‌‌​‌‌‌​​‌‌‌‌‌‌​‌‌​‌​​​​​​‌‌​​​​​​‌‌‌​‌‌‌​‌‌‌‌​​‌​‌​​​​​​​‌​‌‌​‌‌‌‌‌‌​‌​​‌‌​​‌​​‌​​​‌‌‍In view of this, as well as the many conditions of probation that defendant admitted to violating, we find no abuse of discretion nor any extraordinary circumstances warranting a reduction of the resentence in the interest of justice (see People v Gray, 53 AD3d 684, 685 [2008]; People ‍‌​‌‌‌‌‌‌‌‌‌‌‌​‌‌‌​​‌‌‌‌‌‌​‌‌​‌​​​​​​‌‌​​​​​​‌‌‌​‌‌‌​‌‌‌‌​​‌​‌​​​​​​​‌​‌‌​‌‌‌‌‌‌​‌​​‌‌​​‌​​‌​​​‌‌‍v Venable, 24 AD3d 1109, 1110 [2005]).

Peters, J.P., Spain, Malone Jr., Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.