People v. Whitaker

OPINION OF THE COURT

Richard B. Meyer, J.

Appeal by the defendant from a judgment of the Town of Elizabethtown Justice Court (Garrison, J.) revoking the defendant’s three-year probation sentence and re-sentencing him to a definite sentence of three months in jail.

The defendant was convicted of the crime of criminal mischief in the fourth degree (Penal Law § 145.00), a class A misdemeanor, in the Justice Court of the Town of Dannemora, Clinton County, on February 11, 2013. He was ordered to pay restitution of $1,440.54 plus a 10% surcharge of $144.05 for a total of $1,584.59, at the rate of $75…