People v Padworski

People v Padworski 2012 NY Slip Op 00299 Decided on January 19, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 19, 2012
Andrias, J.P., Sweeny, Moskowitz, Renwick, Freedman, JJ.
6580 7538/89

[*1]The People of the State of New York, Respondent,

v

Johnathan Padworski, also known as Gerald Davis, Defendant-Appellant.




Richard M. Greenberg, Office of the Appellate Defender, New
York (Eunice C. Lee of counsel), for appellant.
Johnathan Padworski, appellant pro se.
Michael A. Cardozo, Corporation Counsel, New York (Drake A.
Colley of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), rendered August 3, 2009, convicting defendant of violation of probation, revoking his prior sentence of probation and resentencing him to a term of 1 to 4 years, to be served consecutively to a term of 2 to 4 years imposed for another conviction (Ind. 2880/06), unanimously modified, as a matter of discretion in the interest of justice, to the extent of directing that the sentences run concurrently, and otherwise affirmed.

This Court had previously remitted this matter to the Supreme Court for a violation of probation hearing (63 AD2d 558 [2009]). The court conducted a hearing and correctly determined that defendant had violated probation. However, in light of all the circumstances of the case we find the sentence excessive to the extent indicated.

The arguments in defendant's pro se supplemental brief do not warrant any remedy other than the indicated reduction of sentence.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 19, 2012

CLERK