People v. Rodriguez

— Motion granted to the extent of recalling and vacating this Court’s unpublished decision and order (Appeal No. 43954) entered on November 19, 1991 and substituting therefor a new decision and order, decided simultaneously herewith.

Judgment of resentence, Supreme Court, New York County (George Roberts, J.), rendered January 23, 1989, resentencing defendant, upon his plea of guilty to violating probation, to an indeterminate term of 1 to 3 years, to run consecutively to a sentence imposed on April 15,1988, unanimously affirmed.

Whether the sentence for a violation of probation should run…