People v. Elliott

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.

Defendant was convicted in 2006, following a trial, of robbery in the second degree and assault in the third degree and sentenced to an aggregate prison term of 10 years. Upon appeal, this Court affirmed (57 AD3d 1095 [2008], lv denied 12 NY3d 783 [2009]). In 2011, the sentencing court was notified by the Department of Corrections and Community Supervision that the…