| People v Woodruff |
| 2016 NY Slip Op 00718 [136 AD3d 1073] |
| February 4, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vBeth Woodruff, Appellant. |
Cynthia Feathers, Glens Falls, for appellant.
Glenn MacNeill, Acting District Attorney, Malone (Jennifer M. Hollis of counsel),for respondent.
Appeals (1) from a judgment of the County Court of Franklin County (Main Jr., J.),rendered December 16, 2013, convicting defendant upon her plea of guilty of the crimesof criminal sale of a controlled substance in the fourth degree and criminal possession ofa controlled substance in the fifth degree, and (2) from a judgment of said court, renderedNovember 10, 2014, which revoked defendant's probation and imposed a sentence ofimprisonment.
Defendant pleaded guilty to an indictment charging her with criminal sale of acontrolled substance in the fourth degree, as well as criminal possession of a controlledsubstance in the fifth degree, and, in accordance with the plea agreement, she wassentenced to five years of probation, but was later charged with violating its terms.Defendant admitted to using marihuana and cocaine and failing to report, both inviolation of the terms and conditions of her underlying probation. In exchange, she wasto be sentenced on the underlying crimes to concurrent prison terms of2
Defendant's sole contention is that the term of imprisonment imposed by CountyCourt [*2]is harsh and excessive.[FN*] We disagree. Sheadmittedly continued engaging in drug use and failing to report while on probation,which resulted in its revocation. Moreover, the prison term imposed by County Courtwas within the parameters specifically agreed to by defendant. Inasmuch as there are noextraordinary circumstances nor an abuse of discretion warranting a reduction of theresentence in the interest of justice, we decline to disturb it (see People v Harrison, 93AD3d 995, 995 [2012], lv denied 19 NY3d 961 [2012]; People vCherry, 263 AD2d 683, 683 [1999], lv denied 93 NY2d 1016 [1999]).
McCarthy, J.P., Egan Jr., Rose and Devine, JJ., concur. Ordered that the judgmentsare affirmed.
Footnote *:Although County Courtbriefly mentioned a waiver of appeal during resentencing, the record does not disclosethat defendant actually waived her right to appeal with respect to the resentence, and thePeople concede that there was no colloquy between County Court and defendant in thisregard.