| People v Brand |
| 2012 NY Slip Op 07721 [100 AD3d 1154] |
| November 15, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v David Brand,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.), rendered May27, 2011, which revoked defendant's probation and imposed a sentence of imprisonment.
Following defendant's plea of guilty to the crime of driving while intoxicated, he wassentenced to five years of probation. Thereafter, a petition alleging a violation of probation wasfiled against defendant. After defendant entered an admission to violating the terms andconditions of his probation, County Court revoked defendant's probation and sentenced him, inaccordance with the plea agreement, to a prison term of 1
We affirm. Defendant's sole argument on appeal is that his resentence is harsh and excessive.We are unpersuaded. The record demonstrates that defendant has a lengthy criminal history andthat he failed to maintain his sobriety or follow through with treatment programs despite repeatedopportunities to do so (see People vEbert, 81 AD3d 1042 [2011], lv denied 17 NY3d 794 [2011]). Under thecircumstances, we find no abuse of discretion or extraordinary [*2]circumstances warranting a reduction of the resentence in theinterest of justice (see People vSetzer, 83 AD3d 1123, 1123 [2011]).
Rose, J.P., Lahtinen, Stein, McCarthy and Garry, JJ., concur. Ordered that the judgment isaffirmed.