People v Mazzara

2008 NY Slip Op 01876 [49 AD3d 918]

March 6, 2008

Appellate Division, Third Department

As corrected through Wednesday, May 14, 2008

The People of the State of New York, Respondent, v ScottMazzara, Appellant.

—[*1]Diane Webster-Brady, Plattsburgh, for appellant.

Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), forrespondent.

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), renderedJanuary 22, 2007, which revoked defendant's probation and imposed a sentence of imprisonment.

In 2002, defendant pleaded guilty to the crime of reckless endangerment in the first degreeand was sentenced to 90 days in jail and five years of probation. He subsequently admitted toviolating the condition of his probation which required him to report to his probation officer. Asa result, County Court revoked defendant's probation and resentenced him to 11/3to 4 years in prison. Defendant now appeals, contending that his resentence is harsh andexcessive. We disagree and affirm. Notwithstanding the recommendation by the People and theProbation Department of a one-year period of incarceration, our review of the record revealsneither an abuse of discretion by County Court nor the existence of any extraordinarycircumstances warranting a reduction of the resentence (see People v Osborne, 38 AD3d 1132, 1132-1133 [2007], lvdenied 9 NY3d 849 [2007]).

Mercure, J.P., Spain, Rose, Lahtinen and Kane, JJ., concur. Ordered that the judgment isaffirmed.