| People v Burmingham |
| 2008 NY Slip Op 08207 [55 AD3d 1150] |
| October 30, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Alan L.Burmingham, Appellant. |
—[*1] David S. Hartnett, District Attorney, Cortland (Wendy L. Franklin of counsel), forrespondent.
Appeal from an order of the County Court of Cortland County (Campbell, J.), rendered April 19,2007, which revoked defendant's probation and imposed a sentence of imprisonment.
In 2002, defendant pleaded guilty in satisfaction of an 18-count indictment to sexual abuse in thefirst degree and was sentenced to six months in jail and 10 years of probation. During the ensuing fiveyears, several separate uniform court reports were filed alleging that defendant violated variousconditions of his probation. Defendant admitted the violations in connection with the first two reportsand was ultimately continued on probation, albeit with the imposition of additional terms of probation.Regarding the third report and its subsequent addendum, a hearing was conducted, at the conclusion ofwhich County Court found that defendant violated his probation by getting unsuccessfully dischargedfrom a sex offender treatment program, maintaining contact with a person deemed contrary to hisrehabilitative needs and failing to comply with his home electronic monitoring requirements. As such, thecourt revoked defendant's probation and resentenced him to four years in prison and three years ofpostrelease supervision.
Defendant's sole contention on this appeal is that his resentence is harsh and excessive. Wedisagree. Given the seriousness of the underlying crime, along with defendant's proven inability to abideby the terms of his probation, we discern neither an abuse of discretion by County Court nor theexistence of any extraordinary circumstances warranting a reduction of the resentence (see People v Gurrola, 43 AD3d 1230,1231 [2007]). Consequently, the judgment is [*2]affirmed.
Cardona, P.J., Carpinello, Rose, Kavanagh and Stein, JJ., concur. Ordered that the order isaffirmed.