| People v Clark |
| 2012 NY Slip Op 07726 [100 AD3d 1157] |
| November 15, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v David B.Clark, Appellant. |
—[*1] James Sacket, District Attorney, Schoharie (Michael L. Breen of counsel), forrespondent.
Appeal from a judgment of the County Court of Schoharie County (Bartlett III, J.), renderedMarch 15, 2012, which revoked defendant's probation and imposed a sentence of imprisonment.
In satisfaction of a four-count indictment, defendant pleaded guilty to one count of insurancefraud in the third degree and was sentenced to a period of five years of probation in the drugcourt program. Thereafter, five violation of probation petitions were filed asserting numerousviolations, including, among other things, allegations that defendant consumed alcohol, tamperedwith his "Scram" bracelet, was charged with criminal possession of a weapon in the fourth degreeand failed to attend a substance abuse treatment program. Subsequently, defendant admittedviolating certain conditions of his probation and County Court discharged him from probation.Defendant then was resentenced, in accordance with the plea bargain, to a prison term of 1 to 3years. This appeal followed.
We affirm. Contrary to defendant's argument, we do not find the resentence to be harsh andexcessive. The record indicates that defendant was unable to comply with the terms of hisprobation despite repeated opportunities to do so (see People v Harrison, 93 AD3d 995 [2012], lv denied 19NY3d 961 [2012]). Consequently, we find no abuse of discretion or extraordinary circumstanceswarranting a 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 Savage,72 [*2]AD3d 1292 [2010]).
Peters, P.J., Mercure, Malone Jr., Kavanagh and Egan Jr., JJ., concur. Ordered that thejudgment is affirmed.