People v. Johnston

Appeal from a judgment of the County Court of Franklin County (Richards, J.), rendered March 18, 2014, which resentenced defendant following his conviction of the crime of assault in the second degree.

In satisfaction of a three-count indictment, defendant pleaded guilty to assault in the second degree and was sentenced, in 2009, to five years of probation with the first 180 days to be served in jail. In 2013, a petition was filed charging defendant with violating several conditions of his probation. Pursuant to a negotiated agreement, defendant waived a hearing and admitted that he had…