| People v Kornell |
| 2011 NY Slip Op 05372 [85 AD3d 1449] |
| June 23, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v DavidKornell, Appellant. |
—[*1] Terry J. Wilhelm, District Attorney, Catskill (Clement M. Lalor of counsel), forrespondent.
Appeal from a judgment of the County Court of Greene County (Pulver, Jr., J.), renderedMarch 16, 2010, which revoked defendant's probation and imposed a sentence of imprisonment.
Following his plea of guilty to the crime of criminal mischief in the second degree, defendantwas sentenced to five years of probation and was ordered to pay restitution. Thereafter, heviolated the terms of his probation as a result of his arrest for driving while intoxicated and hisadmission to consuming alcohol. Defendant subsequently pleaded guilty to violating the terms ofhis probation and his probation was revoked. County Court did not make any sentencing promiseas part of the plea agreement and resentenced defendant on the underlying crime to2
Defendant's sole contention is that the resentence is harsh and excessive. Based upon ourreview of the record, we disagree. Defendant engaged in violent conduct by destroying propertyvalued at over $39,000 at the time of the initial offense. He did so after he had consumed alcoholand he continued abusing alcohol and engaging in a pattern of volatile behavior while onprobation, eventually pleading guilty to the crime of driving while intoxicated. In view of theforegoing, we do not find the existence of extraordinary circumstances or any abuse of discretionwarranting a reduction of the resentence in the interest of justice (see People v Tyler, 76 AD3d 1144[2010]; People v Hunter, 62 AD3d1207, 1208 [2009]).
Mercure, J.P., Peters, Spain, Kavanagh and Stein, JJ., concur. Ordered that the judgment isaffirmed.