People v. Cristobal-Barrera

189 A.D.3d 1611

135 N.Y.S.3d 287 (Mem)

The PEOPLE, etc., respondent,

v.Jose CRISTOBAL–BARRERA, appellant.

2019–05266

Ind. No. 286/2016

Supreme Court, Appellate Division, Second Department, New York.

Submitted—December 3, 2020

December 30, 2020

James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.

Thomas E. Walsh II, District Attorney, New City, N.Y. (Jacob B. Sher of counsel), for respondent.

REINALDO E. RIVERA, J.P., COLLEEN D. DUFFY, ANGELA G. IANNACCI, PAUL WOOTEN, JJ.

DECISION & ORDER

Appeal by the defendant from an amended judgment of the County Court, Rockland County (Craig Stephen Brown, J.), rendered August 9, 2018, revoking a sentence of probation previously imposed, by the same court, upon a finding that he violated conditions thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted robbery in the second degree.

ORDERED that the amended judgment is affirmed.

In January 2017, the defendant pleaded guilty to attempted robbery in the second degree in exchange for a sentence equivalent to the amount of time he had already served while incarcerated locally plus five years of probation with certain conditions. In May 2018, the defendant admitted that he had violated the conditions of probation that required him to report to his probation officer and to abstain from alcohol use. The County Court then revoked the sentence of probation and imposed a term of imprisonment of four years incarceration and...