| People v Bergman |
| 2008 NY Slip Op 08909 [56 AD3d 1225] |
| November 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Gary T.Bergman, Appellant. |
—[*1] Donald H. Dodd, District Attorney, Oswego (Michael G. Cianfarano of counsel), forrespondent.
Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), renderedApril 17, 2007. The judgment revoked defendant's sentence of probation and imposed a sentenceof imprisonment.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment revoking the sentence of probationimposed upon his conviction of attempted assault in the second degree (Penal Law§§ 110.00, 120.05) and sentencing him to a term of imprisonment. We rejectdefendant's contention that the People failed to establish by a preponderance of the evidence thatdefendant violated the conditions of his probation (see CPL 410.70 [1]; People v Maldonado, 44 AD3d793 [2007], lv denied 9 NY3d 1035 [2008]), and "the decision to revoke hisprobation will not be disturbed, [absent a] 'clear abuse of discretion' " (People v Barber,280 AD2d 691, 694 [2001], lv denied 96 NY2d 825 [2001]). We reject the furthercontention of defendant that he was denied effective assistance of counsel inasmuch as "theevidence, the law, and the circumstances of [this] case, viewed in totality and as of the time ofthe representation, reveal that [defense counsel] provided meaningful representation" (Peoplev Baldi, 54 NY2d 137, 147 [1981]). Finally, the sentence is not unduly harsh or severe.Present—Scudder, P.J., Martoche, Centra, Lunn and Gorski, JJ.