| People v Harrison |
| 2012 NY Slip Op 01837 [93 AD3d 995] |
| March 15, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Charles A.Harrison, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
Appeal from a judgment of the County Court of Broome County (Smith, J.), renderedNovember 24, 2010, which revoked defendant's probation and imposed a sentence ofimprisonment.
Following defendant's plea of guilty to the crime of criminal possession of a controlledsubstance in the third degree, he was sentenced in September 2009 to five years of probation.Shortly thereafter, defendant was found guilty of violating certain terms of his probation,however, he was restored to probation supervision with additional conditions. Subsequently, twonew violation petitions were filed, alleging that defendant violated his probation by, among otherthings, failing to find employment and being arrested on federal charges of conspiracy todistribute cocaine. In October 2010, defendant entered an admission to those allegations with nosentencing promises being made. Thereafter, defendant was discharged from probation andCounty Court resentenced him on the underlying crime to four years in prison, followed by twoyears of postrelease supervision. This appeal ensued.
Contrary to defendant's argument, we do not find the resentence to be harsh or excessive.Despite being afforded several opportunities to succeed on probation, defendant was unable toabide by the conditions of his supervision or stay out of trouble with the authorities. On thisrecord, we find no abuse of discretion or extraordinary circumstances warranting a [*2]reduction of the resentence in the interest of justice (see People v Kornell, 85 AD3d1449, 1449-1450 [2011], lv denied 17 NY3d 860 [2011]; People v Tyler, 76 AD3d 1144[2010]).
Mercure, A.P.J., Peters, Malone Jr., Kavanagh and Stein, JJ., concur. Ordered that thejudgment is affirmed.