People v White

2010 NY Slip Op 06257 [75 AD3d 1003]

July 29, 2010

Appellate Division, Third Department

As corrected through Wednesday, September 1, 2010

The People of the State of New York, Respondent, v CharlotteWhite, Appellant.

—[*1]Christopher J. Obstarczyk, Albany, for appellant.

Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.

Appeal from a judgment of the County Court of Schenectady County (Drago, J.), renderedApril 14, 2009, which revoked defendant's probation and imposed a sentence of imprisonment.

Defendant was convicted in 2008 of the crime of attempted assault in the second degree andwas sentenced to five years of probation. In January 2009, she was charged with violating theconditions of her probation. She subsequently admitted to the probation violations, her probationwas revoked and she was resentenced to 11/3 to 4 years in prison, to runconcurrently with the sentence imposed in connection with another attempted assault convictionin Albany County. Defendant appeals.

Defendant asserts that County Court abused its discretion in resentencing her to a term ofimprisonment. Based upon our review of the record, we disagree. Defendant has a history ofcommitting violent offenses, including attacking a woman with a sheetrock knife while she wason probation. In view of this, as well as the many conditions of probation that defendantadmitted to violating, we find no abuse of discretion nor any extraordinary circumstanceswarranting a reduction of the resentence in the interest of justice (see People v Gray, 53 AD3d 684,685 [2008]; People v Venable, 24AD3d 1109, 1110 [2005]).

Peters, J.P., Spain, Malone Jr., Garry and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.