| People v Beach |
| 2014 NY Slip Op 02109 [115 AD3d 1117] |
| March 27, 2014 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v DavidW. Beach, Appellant. |
—[*1] Gwen Wilkinson, District Attorney, Ithaca (Gary U. Surdell of counsel), forrespondent.
Egan Jr., J. Appeal from a judgment of the County Court of Tompkins County(Rowley, J.), rendered March 30, 2012, which revoked defendant's probation andimposed a sentence of imprisonment.
In 2009, defendant pleaded guilty to driving while intoxicated as a felony and wassentenced to five years of probation. Following a failed drug test in 2012, defendantpleaded guilty to violating the terms of his probation, and his probation was revoked.County Court then resentenced defendant to 2
We affirm. Absent evidence of an appropriate postallocution motion, defendant'sclaim that he was denied the effective assistance of counsel is unpreserved for our review(see People v Alexander,110 AD3d 1111, 1112 [2013]). Further, in light of defendant's well-documentedhistory of alcohol abuse and his extensive criminal history, including six felony drivingwhile intoxicated convictions, we cannot say that the sentence imposed is harsh orexcessive (see People vEgloff, 107 AD3d 1242, 1242 [2013]; People v Oehler, 52 AD3d 955, 957 [2008], lvdenied 11 NY3d 792 [2008]).
Peters, P.J., Lahtinen and Rose, JJ., concur. Ordered that the judgment is affirmed.