| People v Gurrola |
| 2007 NY Slip Op 06771 [43 AD3d 1230] |
| September 20, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Paul J.Gurrola, Jr., Appellant. |
—[*1] Nicole M. Duve, District Attorney, Canton (Laurie L. Paro of counsel), forrespondent.
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), renderedMarch 17, 2006, which revoked defendant's probation and imposed a sentence of imprisonment.
In 2005, defendant pleaded guilty to attempted rape in the second degree and was sentencedto six months in jail as well as 10 years of probation. He was subsequently charged with violatingvarious terms of his probation. After admitting to the violations, defendant's probation wasrevoked and he was resentenced to 1¼ to 3¾ years in prison. Defendant now appeals,contending that his resentence is harsh and excessive.
We preliminarily note that, contrary to the People's assertion, the waiver of appeal entered bydefendant in connection with his original plea of guilty to attempted rape in the second degreedoes not preclude him from challenging the severity of his resentence (see People v Rowland, 11 AD3d825, 825 [2004]). That said, acknowledging the seriousness of the underlying crime anddefendant's proven failure to abide by his probation conditions, we discern neither an abuse ofdiscretion by County Court nor the existence of any extraordinary circumstances justifying areduction of the resentence in the interest of justice (see People v Osborne, 38 AD3d 1132, 1132-1133 [2007], lvdenied 9 NY3d 849 [2007]). Accordingly, the judgment is affirmed.
Crew III, J.P., Carpinello, Mugglin, Lahtinen and Kane, JJ., concur. Ordered that thejudgment is affirmed.