| People v Borasky |
| 2016 NY Slip Op 03216 [138 AD3d 1349] |
| April 28, 2016 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v John C. Borasky, Appellant. |
Albert F. Lawrence, Greenfield Center, for appellant.
Alexander Lesyk, Special Prosecutor, Norwood, for respondent.
Peters, P.J. Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered January 15, 2013, which revoked defendant's probation and imposed a sentence of imprisonment.
Defendant pleaded guilty to attempted burglary in the second degree and was
sentenced to five years of probation and ordered to pay restitution. Subsequently,
defendant admitted to violating multiple conditions of his probation. Thereafter, County
Court revoked defendant's probation and resentenced him to the agreed-upon prison term
of 5
We affirm. We are unpersuaded by defendant's contention that the agreed-upon sentence was harsh and excessive and the record does not reflect any extraordinary circumstances or abuse of discretion warranting a reduction of the sentence in the interest of justice (see People v Fusco, 91 AD3d 985, 986 [2012]; People v Kornell, 85 AD3d 1449, 1450 [2011], lv denied 17 NY3d 860 [2011]). To the extent that defendant challenges the amount of restitution, we note that the restitution was imposed as part of the original conviction and sentence from which no appeal was taken (see People v Coy, 279 AD2d 794, 794 [2001]; People v Panek, 256 AD2d 1238, 1239 [1998], lv denied 93 NY2d 856 [1999]), and the "reimposition of the same restitution at resentencing does not, in our opinion, trigger a renewed right to a hearing" (People v Stedge, 250 AD2d 880, 880 [1998]).
[*2] Lahtinen, Rose, Lynch and Aarons, JJ., concur. Ordered that the judgment is affirmed.