| People v Carter |
| 2009 NY Slip Op 00599 [59 AD3d 750] |
| February 5, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Jerry Carter,Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Brett M. Knowles of counsel), forrespondent.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), renderedFebruary 5, 2008, which revoked defendant's probation and imposed a sentence of imprisonment.
In 2006, defendant pleaded guilty to criminal sale of a controlled substance in the fifthdegree and was sentenced to six months in jail and five years of probation. County Courtsubsequently found that defendant violated certain terms of his probation and, as a result,revoked his probation and resentenced him to 2½ years in prison and one year ofpostrelease supervision. Defendant now appeals.
Defendant's contention that County Court improperly revoked his probation is unavailing. Acourt is entitled to revoke a defendant's probation "if the defendant has been afforded anopportunity to be heard and the court determines by a preponderance of the evidence that acondition of the probation has been violated" (People v Jangrow, 34 AD3d 991, 991-992 [2006]). In this case, ahearing was conducted wherein both defendant and his probation officer gave testimony. Theprobation officer's testimony established that defendant violated several conditions of hisprobation by, among other things, using marihuana, failing to maintain verifiable employmentand failing to report to the probation officer as directed.
We likewise find no merit to defendant's claim that the resentence is harsh and excessive.The record reveals neither an abuse of discretion by County Court nor the existence of anyextraordinary circumstances warranting a reduction of the resentence (see People v [*2]Mazzara, 49 AD3d 918 [2008]).
Peters, J.P., Lahtinen, Kane and Malone Jr., JJ., concur. Ordered that the judgment isaffirmed.