People v. Beatty

Judgment, Supreme Court, Bronx County (William J. Condon, J.), rendered June 14, 2013, convicting defendant, after a jury trial, of resisting arrest and criminal possession of marijuana in the fifth degree, and sentencing him to an aggregate term of 30 days, concurrent with three years’ probation, unanimously affirmed. The matter is remitted to Supreme Court for further proceedings pursuant to CPL 460.50 (5) regarding the probation portion of the sentence.

The court’s Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see People v Hayes, 97 NY2d 203…