| People v Miller |
| 2014 NY Slip Op 00255 [113 AD3d 935] |
| January 16, 2014 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vAmanda G. Miller, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Carole M. Cassidy of counsel), forrespondent.
Appeal from a judgment of the County Court of Broome County (Pelella, J.),rendered May 15, 2012, which revoked defendant's probation and imposed a sentence ofimprisonment.
Defendant pleaded guilty to the crime of burglary in the third degree, and CountyCourt deferred sentencing while she participated in the drug treatment court program.After defendant twice failed to complete the required treatment, she was terminated fromthe program and the court sentenced her to time served plus five years of probation.Defendant thereafter pleaded guilty to violating the terms of her probation. AlthoughCounty Court adjourned sentencing to give defendant one more chance at drug treatment,she absconded before she could be admitted to a program. County Court thereaftersentenced defendant to 2 to 6 years in prison. Although defendant now argues on appealthat the sentence is harsh and excessive, we find no abuse of discretion or extraordinarycircumstances warranting a reduction in the interest of justice (see People v Egloff, 107 AD3d1242, 1242 [2013]; Peoplev Campbell, 79 AD3d 1458, 1459 [2010], lv denied 16 NY3d 829[2011]).
Rose, J.P., Lahtinen, McCarthy and Egan Jr., JJ., concur. Ordered that the judgmentis affirmed.