People v. Jones

Full title: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. THOMAS JONES, APPELLANT

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 7, 2001

280 A.D.2d 963 (N.Y. App. Div. 2001)

720 N.Y.S.2d 875

Opinion

February 7, 2001.

Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Violation of Probation.

Pigott, Jr., P. J., Pine, Hurlbutt, Kehoe and Lawton, JJ.

Judgment unanimously affirmed.

Memorandum: Contrary to the contention of defendant, Supreme Court properly exercised its discretion in resentencing him following defendant's violation of probation ( see, People v. Wright, 239 A.D.2d 945; cf., People v. Nicholson, 237 A.D.2d 973, lv denied 90 N.Y.2d 908). Furthermore, the sentence is neither unduly harsh nor severe.