People v Braswell
2012 NY Slip Op 00993 [92 AD3d 1207]
February 10, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


The People of the State of New York, Respondent, v Warren S. Braswell, Appellant.

—[*1] Kristin F. Splain, Conflict Defender, Rochester (Kelley Provo of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of counsel), for respondent.

Appeal from a resentence of the Supreme Court, Monroe County (Joseph D. Valentino, J.), rendered June 24, 2008. Defendant was resentenced upon his conviction of attempted burglary in the second degree.

It is hereby ordered that the resentence so appealed from is unanimously affirmed. Present—Scudder, P.J., Fahey, Carni, Sconiers and Martoche, JJ.