| People v Campbell |
| 2010 NY Slip Op 09415 [79 AD3d 1458] |
| December 23, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Tammy L.Campbell, Appellant. |
—[*1] Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), forrespondent.
Appeal from a judgment of the County Court of Warren County (Hall, Jr., J.), rendered October22, 2009, which revoked defendant's probation and imposed a sentence of imprisonment.
Defendant was convicted in 2006 of the crime of driving while intoxicated and was sentenced tofive years of probation. In 2009, she was charged with violating various terms and conditions of herprobation and, following a hearing, was found guilty of violating the conditions of her probation byfailing to report for alcohol and drug testing and by submitting a false statement to the drug treatmentcourt indicating that she was at work at the time that she failed to report. Consequently, her probationwas revoked and she was resentenced to 1
Contrary to defendant's claim, the record reveals that her probation violations were established bya preponderance of the evidence (see Peoplev Wells, 69 AD3d 1228, 1229 [2010]; People v Oehler, 52 AD3d 955, 956 [2008], lv denied 11NY3d 792 [2008]). Both the senior probation officer and drug court coordinator testified thatdefendant did not appear for alcohol and drug testing on August 15, 2009 as directed. Althoughdefendant submitted a statement from her employer indicating that she was at work at the time, heremployer's general manager testified that defendant was not at work at the time the test was to beconducted. Thus, defendant not only failed to submit to the test, but she also provided falsedocumentation to [*2]explain such failure, in clear violation of theconditions of her probation. Furthermore, we reject defendant's claim that County Court's imposition ofa 1
Cardona, P.J., Spain, Lahtinen, Kavanagh and Garry, JJ., concur. Ordered that the judgment isaffirmed.