People v. Franklin

Appeal from a judgment of the Supreme Court (Teresi, J.), rendered January 27, 2011 in Rensselaer County, which resentenced defendant following his conviction of the crime of assault in the first degree.

In October 2001, defendant was charged by indictment with assault in the first degree (two counts), gang assault in the first degree and robbery in the first degree. In March 2002, pursuant to a plea agreement, defendant pleaded guilty to assault in the first degree (one count), waived his right to appeal and was sentenced, as a second felony offender, to 13 years in prison.

In January 2011,…