People v. Elliot

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered February 9, 2011, which resentenced defendant following his conviction of the crimes of robbery in the second degree and assault in the third degree.

Following a trial, defendant was found guilty of robbery in the second degree and assault in the third degree. In 2006, defendant was sentenced to 10 years in prison for the robbery conviction to run concurrently with a one-year jail term for the assault conviction. In 2011, the sentencing court was notified by the Department of Corrections and Community Supervision…