| People v Tyler |
| 2010 NY Slip Op 06726 [76 AD3d 1144] |
| September 30, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v George W.Tyler, Appellant. |
—[*1] Weeden A. Wetmore, District Attorney, Elmira (Jeremy V. Murray of counsel), forrespondent.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.), renderedDecember 14, 2009, which revoked defendant's probation and imposed a sentence ofimprisonment.
As a result of his conviction of driving while intoxicated as a felony, defendant wassentenced to 180 days in jail and five years of probation. He was subsequently charged withviolating the conditions of his probation. Following a violation hearing, County Court revokedhis probation and resentenced him to 1
Defendant's sole argument is that the sentence of imprisonment is harsh and excessive. Uponreviewing the record, we disagree. Evidence was adduced that defendant violated threeconditions of his probation, all pertaining to the treatment of his drug and alcohol problems. Inaddition, he has a lengthy criminal record that includes a prior conviction for driving whileintoxicated. In view of the foregoing, we find no abuse of discretion or extraordinarycircumstances warranting a reduction of the sentence in the interest of justice (see People v Spriggs, 8 AD3d 833[2004], lv denied 3 NY3d 681 [2004]; People v Spitzley, 303 AD2d 837, 838[2003], lv denied 100 NY2d 599 [2003]; People v Baker, 263 AD2d 771, 771[1999]).[*2]
Mercure, J.P., Spain, Malone Jr., Stein and Egan Jr., JJ.,concur. Ordered that the judgment is affirmed.