| People v Baker |
| 2012 NY Slip Op 00660 [92 AD3d 967] |
| February 2, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Christopher R.Baker, Appellant. |
—[*1] Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), forrespondent.
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), renderedApril 14, 2008, which revoked defendant's probation and imposed a sentence of imprisonment.
The facts of this case are set forth in our previous decision wherein we denied anAnders brief, withheld decision and assigned new counsel to address the severity of thesentence as well as any other nonfrivolous issues disclosed by the record (82 AD3d 1352 [2011]).We now address defendant's argument that the resentence of 1 to 3 years in prison imposed onhis conviction of the crime of attempted sexual abuse in the first degree is harsh and excessive.Upon our review of the record, we find that it is not. Defendant was originally sentenced toprobation, but twice violated its terms and continued to have contact with children under the ageof 17 even though such contact was prohibited. In view of this, as well as the disturbing nature ofthe conduct underlying the crime for which he was convicted, we find no extraordinarycircumstances nor any abuse of discretion warranting a reduction of the resentence in the interestof justice (see People v Goodband, 291 AD2d 584, 584-585 [2002]; People vRousseau, 245 AD2d 915, 916 [1997]).
Mercure, A.P.J., Lahtinen, Spain, Kavanagh and McCarthy, JJ., concur. Ordered that thejudgment is affirmed.