| People v Egloff |
| 2013 NY Slip Op 04634 [107 AD3d 1242] |
| June 20, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vRobert F. Egloff Jr., Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Joshua S. Shapiro of counsel), forrespondent.
Appeal from a judgment of the County Court of Broome County (Smith, J.),rendered October 20, 2011, which revoked defendant's probation and imposed a sentenceof imprisonment.
Following defendant's plea of guilty to the crime of driving while intoxicated(hereinafter DWI), as a felony, he was sentenced to, among other things, 30 days in jailto be served intermittently on weekends and five years of probation. The conditions ofprobation were made known to him. Thereafter, a petition was filed against defendantalleging violations of the conditions of probation. Subsequently, defendant pleadedguilty to violating multiple terms of his probation. Defendant's probation was revokedand he was sentenced to 2 to 6 years in prison. Defendant now appeals.
We affirm. Defendant's sole argument on appeal is that his sentence is harsh andexcessive. The record confirms, however, that, despite being given repeatedopportunities to succeed on probation, he was unable to abide by the conditions imposed,including that he refrain from, among other things, consuming alcohol. County Courtcarefully considered all mitigating factors, including defendant's relapsed alcoholism, hisextensive criminal history including three prior DWI convictions and the fact that he wason probation for a prior DWI at the time he committed the underlying DWI in issue.Under these circumstances, "we find no abuse of discretion nor any extraordinarycircumstances warranting a reduction of the resentence in the interest of justice" (People v Campbell, 79 AD3d1458, 1459 [2010], lv denied 16 NY3d 829[*2][2011]; see People v Holland, 95 AD3d 1504, 1505 [2012], lvdenied 19 NY3d 974 [2012]; People v Kirk, 87 AD3d 1205, 1205 [2011]).
Peters, P.J., Rose, Spain and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.