People v. Bennett

Appeal from a judgment of the County Court of Delaware County (Becker, J.), rendered September 8, 2008, which revoked defendant’s probation and imposed a sentence of imprisonment.

In 2003, defendant pleaded guilty to the crime of assault in the second degree as the result of an incident in which he used a baseball bat to attack his estranged wife’s paramour while the paramour was sleeping in her house. He was sentenced to four months in jail, to be served on the weekends, as well as five years of probation. Thereafter, he pleaded guilty to violating the conditions of his probation as charged…