People v Borasky

2016 NY Slip Op 03216 [138 AD3d 1349]

April 28, 2016

Appellate Division, Third Department

As corrected through Wednesday, June 1, 2016

[*1]

The People of the State of New York, Respondent, vJohn C. Borasky, Appellant.

Albert F. Lawrence, Greenfield Center, for appellant.

Alexander Lesyk, Special Prosecutor, Norwood, for respondent.

Peters, P.J. Appeal from a judgment of the County Court of St. Lawrence County(Richards, J.), rendered January 15, 2013, which revoked defendant's probation andimposed a sentence of imprisonment.

Defendant pleaded guilty to attempted burglary in the second degree and wassentenced to five years of probation and ordered to pay restitution. Subsequently,defendant admitted to violating multiple conditions of his probation. Thereafter, CountyCourt revoked defendant's probation and resentenced him to the agreed-upon prison termof 51/2 years followed by three years of postrelease supervision andordered that the balance of the monetary restitution imposed at the original sentence bereduced to a judgment. Defendant now appeals.

We affirm. We are unpersuaded by defendant's contention that the agreed-uponsentence was harsh and excessive and the record does not reflect any extraordinarycircumstances or abuse of discretion warranting a reduction of the sentence in the interestof justice (see People vFusco, 91 AD3d 985, 986 [2012]; People v Kornell, 85 AD3d 1449, 1450 [2011], lvdenied 17 NY3d 860 [2011]). To the extent that defendant challenges the amount ofrestitution, we note that the restitution was imposed as part of the original conviction andsentence from which no appeal was taken (see People v Coy, 279 AD2d 794, 794[2001]; People v Panek, 256 AD2d 1238, 1239 [1998], lv denied 93NY2d 856 [1999]), and the "reimposition of the same restitution at resentencing doesnot, in our opinion, trigger a renewed right to a hearing" (People v Stedge, 250AD2d 880, 880 [1998]).

[*2] Lahtinen,Rose, Lynch and Aarons, JJ., concur. Ordered that the judgment is affirmed.