| People v Mulleavey |
| 2008 NY Slip Op 03247 [50 AD3d 826] |
| April 8, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Andrew Mulleavey, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Valerie A. Livingston, RichardLongworth Hecht, and Anthony J. Servino of counsel; Lauren Abinanti on the brief), forrespondent.
Appeals by the defendant from two amended judgments of the Supreme Court, WestchesterCounty (Molea, J.), both rendered April 22, 2002, revoking sentences of probation previouslyimposed by the same court upon a finding that he had violated conditions thereof, upon hisadmissions, and imposing sentences of imprisonment upon his previous convictions ofaggravated sexual abuse in the third degree under Superior Court information No. 00-567, andsexual abuse in the first degree under Superior Court information No. 00-569.
Ordered that the amended judgments are affirmed.
The defendant's sole contention on appeal is that the sentences imposed upon the revocationof the probationary sentences were excessive. Upon a finding that the defendant violatedconditions of his probation, the court was authorized to revoke the sentences of probationpreviously imposed and to impose sentences of imprisonment upon his previous convictions (see People v Costanza, 36 AD3d829 [2007]). Taking into consideration the defendant's history, the nature of the crimes, themultiple violations of probation, the fact that the sentences imposed were within the statutoryguidelines, and the absence of any mitigating factors, we find that the sentences were notexcessive (see People v Suitte, 90 AD2d 80 [1982]; People v Costanza, 36 AD3d 829 [2007]; People v Wyant,274 AD2d 673 [2000]). Rivera, J.P., Lifson, Miller, Carni and Eng, JJ., concur.