| People v Kirk |
| 2011 NY Slip Op 06506 [87 AD3d 1205] |
| September 22, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Brent L. Kirk,Appellant. |
—[*1] Joseph G. Fazzary, District Attorney, Watkins Glen (Matthew C. Hayden of counsel), forrespondent.
Appeal from a judgment of the County Court of Schuyler County (Argetsinger, J.), renderedSeptember 23, 2010, which revoked defendant's probation and imposed a sentence ofincarceration.
In 2009, defendant was sentenced to a three-year term of probation following his plea ofguilty to driving while intoxicated as a misdemeanor. In 2010, defendant admitted to violatingthe terms of his probation by being arrested three times, being convicted of additional offensesand failing to participate in substance abuse treatment. County Court then revoked defendant'sprobation and resentenced him to one year in jail. Defendant appeals.
In view of defendant's lengthy criminal history—during the course of which he wasplaced on probation more than once—and his violation of multiple terms of his currentprobation, we are unpersuaded that the sentence imposed was harsh and excessive (seePeople v Gotham, 284 AD2d 578 [2001]). Furthermore, our review of the record reveals noextraordinary circumstances warranting a reduction of the sentence in the interest of justice(see People v McKoy, 303 AD2d 842 [2003], lv denied 100 NY2d 564 [2003]).
Spain, J.P., Malone Jr., Kavanagh, Garry and Egan Jr., JJ., concur. Ordered that the judgmentis affirmed.