People v Castillo
2006 NY Slip Op 04943 [30 AD3d 259]
June 15, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 23, 2006


The People of the State of New York, Respondent,
v
Gerson Castillo, Also Known as Gerson Castro, Appellant.

[*1]Judgment, Supreme Court, New York County (Charles J. Tejada, J.), rendered March 22, 2004, convicting defendant, upon his plea of guilty, of attempted assault in the second degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, and judgment of resentence, same court (Micki A. Scherer, J.), rendered March 31, 2004, convicting defendant, upon his plea of guilty, of violation of probation, revoking his prior sentence of probation and resentencing him to a consecutive term of 1 to 3 years, unanimously affirmed.

The resentencing court properly exercised its discretion in imposing a consecutive sentence for defendant's violation of probation, and that sentence was not harsh or excessive. Concur—Mazzarelli, J.P., Friedman, Nardelli, Gonzalez and Catterson, JJ.