People v. Gammon

OPINION OF THE COURT

Memorandum.

Ordered that the resentence is affirmed.

After being convicted of driving while intoxicated (Vehicle and Traffic Law § 1192 [3]), defendant was sentenced on May 4, 2006 to three years of probation, a condition of the probation being a term of 60 days in jail, and a fine. He served the 60-day term and was released. On June 2, 2009, he admitted to a violation of probation. During the course of the admission proceeding, the District Court told defendant: “I promised that I would sentence you to an additional 60 days incarceration. That’s in addition to the 60 days…