Opinion
2019–05266 Ind. No. 286/2016
12-30-2020
The PEOPLE, etc., respondent, v. Jose CRISTOBAL–BARRERA, appellant.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant. Thomas E. Walsh II, District Attorney, New City, N.Y. (Jacob B. Sher of counsel), for respondent.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.
Thomas E. Walsh II, District Attorney, New City, N.Y. (Jacob B. Sher of counsel), for respondent.
REINALDO E. RIVERA, J.P., COLLEEN D. DUFFY, ANGELA G. IANNACCI, PAUL WOOTEN, JJ.
DECISION & ORDER Appeal by the defendant from an amended judgment of the County Court, Rockland County (Craig Stephen Brown, J.), rendered August 9, 2018, revoking a sentence of probation previously imposed, by the same court, upon a finding that he violated conditions thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted robbery in the second degree.
ORDERED that the amended judgment is affirmed.
In January 2017, the defendant pleaded guilty to attempted robbery in the second degree in exchange for a sentence equivalent to the amount of time he had already served while incarcerated locally plus five years of probation with certain conditions. In May 2018, the defendant admitted that he had violated the conditions of probation that required him to report to his probation officer and to abstain from alcohol use. The County Court then revoked the sentence of probation and imposed a term of imprisonment of four years incarceration and three years postrelease supervision. The defendant appeals, contending that the amended sentence is excessive.
The amended sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 [1982] ).
RIVERA, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.