| People v Lavalley |
| 2012 NY Slip Op 07718 [100 AD3d 1151] |
| November 15, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Ronald L.Lavalley, Appellant. |
—[*1] Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), forrespondent.
Appeal from a judgment of the County Court of Clinton County (Ryan, J.), rendered March8, 2011, which revoked defendant's probation and imposed a sentence of imprisonment.
In 2008, defendant pleaded guilty to criminal mischief in the second degree and recklessendangerment in the first degree. He waived his right to appeal and was sentenced to five yearsof probation. In 2011, a declaration of delinquency was filed charging him with violating two ofthe conditions of his probation. Defendant subsequently admitted to violating his probation. As aresult, his probation was revoked and he was resentenced to concurrent terms of 2 to 6 years inprison on the underlying crimes. Defendant now appeals.
Defendant's sole contention is that the resentence is harsh and excessive.[FN*]We find this argument to be unpersuasive. Defendant has numerous criminal convictions, andhad previously violated a term of probation. He had substance abuse problems which led to hisadmission to drug court in 2009, but his progress was slow and inadequate and he was sanctionedfor failing to comply with provisions of the drug court contract. Defendant admitted violating theterms of his [*2]probation by attending a party at which alcoholwas served and missing two self-help recovery meetings. Notably, he provided no excuse forsuch behavior, which is clearly detrimental to the treatment of his addiction. In view of theforegoing, as well as that fact that defendant was well aware that he could receive any legallypermissible term of incarceration upon resentencing, we find no abuse of discretion or anyextraordinary circumstances warranting a reduction of the resentence in the interest of justice (see People v Holland, 95 AD3d1504, 1505 [2012], lv denied 19 NY3d 974 [2012]; People v Kornell, 85 AD3d 1449,1450 [2011], lv denied 17 NY3d 860 [2011]).
Peters, P.J., Spain, Malone Jr., Garry and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.
Footnote *: We note that defendant's waiverof the right to appeal entered in connection with his original plea does not preclude him fromnow challenging the severity of the resentence (see People v Ross, 67 AD3d 1130, 1130 [2009]).