People v. Riley

Appeal from a *939judgment of the County Court of Franklin County (Main, Jr., J.), rendered March 9, 1992, convicting defendant upon his plea of guilty of the crime of attempted burglary in the third degree.

Defendant was sentenced upon his conviction of attempted burglary in the third degree to a term of imprisonment of 1 to 3 years. At the time he was sentenced, defendant was serving a definite term of one year for violation of probation. On this appeal, defendant contends that he must be resentenced because County Court made his sentence consecutive to the definite sentence he was serving in…