Appellate Division of the Supreme Court of the State of New York May 31, 2012 (People v. Franklin)

Kavanagh, J.

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.