| People v Gassner |
| 2014 NY Slip Op 04808 [118 AD3d 1221] |
| June 26, 2014 |
| Appellate Division, Third Department |
[*1](June 26, 2014)
| The People of the State of New York, Respondent, vJason S. Gassner, Appellant. |
Aaron A. Louridas, Delmar, for appellant.
Mark D. Suben, District Attorney, Cortland (Kenneth H. Tyler of counsel), forrespondent.
Appeal from a judgment of the County Court of Cortland County (Campbell, J.),rendered May 10, 2012, convicting defendant upon his plea of guilty of the crime ofburglary in the third degree.
When defendant's appeal was previously before this Court, we rejected anAnders brief, withheld decision and assigned new counsel to address at least oneissue of arguable merit pertaining to the severity of the sentence, as well as any othernonfrivolous issues disclosed by the record (People v Gassner, 109 AD3d 1024 [2013]). Defendant nowargues that the resentence of 1 to 3 years in prison imposed on his conviction of burglaryin the third degree is harsh and excessive. We disagree. Defendant was originallysentenced to a three-year conditional discharge, which provided that he was to "observeand obey" all laws, and ordered to pay restitution. Thereafter, defendant was arrestedmultiple times on various charges and neglected to pay restitution. Notwithstanding therecommendation of probation within the presentence investigation report, the recordestablishes that, in imposing the resentence, County Court considered all relevant factors,including defendant's criminal record, which included a prior violation of probation. Asour review of the record reveals no extraordinary circumstances or any abuse ofdiscretion warranting a reduction of the resentence in the interest of justice, it will not bedisturbed (see People vBaker, 92 AD3d 967, 967 [2012]; People v Hope, 32 AD3d 1115, 1116 [2006]).
Lahtinen, J.P., Garry, Egan Jr., Devine and Clark, JJ., concur. Ordered that thejudgment is affirmed.