Opinion
February 6, 1989
Appeal from the County Court, Orange County (Charde, J.).
Ordered that the resentence is affirmed.
The resentence imposed was lawful as it was within the provisions of Penal Law § 60.09 (b) (i) and was a proper exercise of the resentencing court's discretion. There are no exceptional circumstances present here which would warrant the substitution of this court's discretion for that of the resentencing court. Thompson, J.P., Lawrence, Rubin, Harwood and Balletta, JJ., concur.