People v Wheeler

2008 NY Slip Op 05393

Decided on June 12, 2008

Appellate Division, Third Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: June 12, 2008
100469



Calendar Date: May 14, 2008
Before: Spain, J.P., Carpinello, Rose, Kavanagh and Stein, JJ.


Mark J. Gaylord, Schenectady, for appellant.
John M. Muehl, District Attorney, Cooperstown (John
F. Lambert of counsel), for respondent.


MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Otsego County (Coccoma, J.), rendered June 26, 2006, which revoked defendant's probation and imposed a sentence of imprisonment.

While serving a five-year term of probation for his conviction of driving while intoxicated, defendant following an evidentiary hearing was found guilty of violating the conditions of his probation by getting arrested for driving while intoxicated. Consequently, County Court revoked defendant's probation and resentenced him to 1 to 4 years in prison. Defendant now appeals, contending that his resentence is harsh and excessive. We disagree and affirm. Having reviewed the record, we cannot conclude that County Court abused its discretion in imposing the maximum term of imprisonment, nor do we find any extraordinary circumstances warranting a reduction of the resentence in the interest of justice (see People v Mazzara, 49 AD3d 918 [2008]).

Spain, J.P., Carpinello, Rose, Kavanagh and Stein, JJ., concur.

ORDERED that the judgment is affirmed.