| People v Padworski |
| 2012 NY Slip Op 00299 [91 AD3d 523] |
| January 19, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Johnathan Padworski, Also Known as Gerald Davis, Appellant. |
—[*1]
Johnathan Padworski, appellant pro se.
Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for
respondent.
Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), rendered
August 3, 2009, convicting defendant of violation of probation, revoking his prior sentence of
probation and resentencing him to a term of 1
This Court had previously remitted this matter to the Supreme Court for a violation of probation hearing (63 AD3d 558 [2009]). The court conducted a hearing and correctly determined that defendant had violated probation. However, in light of all the circumstances of the case we find the sentence excessive to the extent indicated.
The arguments in defendant's pro se supplemental brief do not warrant any remedy other than the indicated reduction of sentence. Concur—Andrias, J.P., Sweeny, Moskowitz, Renwick and Freedman, JJ.