People v Gray

2008 NY Slip Op 05977

Decided on July 3, 2008

Appellate Division, Third Department

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

Decided and Entered: July 3, 2008
101083



Calendar Date: May 14, 2008
Before: Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ.


Arlene Levinson, Public Defender, Hudson (Jessica
Howser of counsel), for appellant.
Beth G. Cozzolino, District Attorney, Hudson (H. Neal
Conolly of counsel), for respondent.


MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Columbia County (Nichols, J.), rendered November 28, 2006, which revoked defendant's probation and imposed a sentence of imprisonment.

Defendant pleaded guilty to criminal possession of a controlled substance in the fifth degree and was sentenced to five years of probation. He was thereafter charged with and admitted to violating numerous conditions of his probation, including failing to report to his probation officer, getting arrested on a new matter, consuming alcohol and possessing cocaine. As a result, County Court revoked defendant's probation and resentenced him to 2 to 6 years in prison with the proviso that, if eligible, defendant be allowed to participate in a prison substance and alcohol abuse treatment program. Defendant now appeals, asserting that his resentence is harsh and excessive.

Having reviewed the record, we disagree. Given defendant's extensive criminal history and proven inability to abide by the terms of his probation, we find neither an abuse of discretion by County Court nor the existence of any extraordinary circumstances warranting a reduction of the resentence in the interest of justice (see People v Drake, 36 AD3d 967, 968 [2007], lv denied 8 NY3d 921 [2007]). Accordingly, the judgment is affirmed.

Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ., concur.

ORDERED that the judgment is affirmed.