| People v Nolan |
| 2015 NY Slip Op 08467 [133 AD3d 1040] |
| November 19, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vShaylen M. Nolan, Appellant. |
Richard V. Manning, Parishville, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Ashley M. Monette, Law Intern),for respondent.
Peters, P.J. Appeal from a judgment of the County Court of Clinton County (Ryan,J.), rendered November 7, 2013, which revoked defendant's probation and imposed asentence of imprisonment.
In July 2012, defendant waived indictment and agreed to be prosecuted by a superiorcourt information charging her with criminal nuisance in the first degree stemming fromallegations that she allowed heroin to be sold from her apartment in exchange for freedrugs and rent money. Defendant pleaded guilty as charged with the understanding that,if she were accepted into and successfully completed the Clinton County Drug Courtprogram, she would be placed on probation for five years with a period of communityservice and she would be obligated to cooperate and provide truthful testimony againstcertain codefendants. Defendant was thereafter accepted into the drug court program. InMay 2013, upon completion of, among other things, certain inpatient and intensiveoutpatient treatment, and, based on the availability of a supportive living program inAlbany County, County Court agreed to administratively discharge defendant from thedrug court program and sentenced her to a period of five years of probation and 100hours of community service and imposed the requisite $375 in associated fines andsurcharges.[FN*]Four months later, defendant was returned to County Court on [*2]a bench warrant for a violation of probation stemmingfrom, among other things, her discharge from the supportive living program. InNovember 2013, defendant admitted to violating her probation and County Courtrevoked her probation and resentenced her to a prison term of 1
We affirm. To the extent that defendant contends that County Court erred inresentencing her without an updated presentence investigation report, such claim isunpreserved for our review inasmuch as defendant failed to request an updated report,raise an objection during resentencing or move to vacate the resentence (see People v Dorfeuille, 127AD3d 1414, 1414-1415 [2015], lv denied 26 NY3d 928 [2015]; People v Alexander, 110 AD3d1111, 1111 [2013], lv denied 22 NY3d 1154 [2014]). With respect todefendant's claim that her resentence is harsh and excessive, we find no extraordinarycircumstances nor any abuse of discretion warranting a reduction of the resentence in theinterest of justice (see People vCrowell, 119 AD3d 1163, 1164 [2014], lv denied 24 NY3d 1083[2014]; People v Fitzgerald,100 AD3d 1268, 1269 [2012], lv denied 20 NY3d 1011 [2013]).
Lahtinen, Garry and Clark, JJ., concur. Ordered that the judgment is affirmed.
Footnote *:Defendant's probationsupervision was temporarily transferred to Albany County; however, the subject violationof probation petition was filed prior to the final transfer thereof.