| People v Colsten |
| 2014 NY Slip Op 06343 [120 AD3d 1508] |
| September 25, 2014 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vMichael J. Colsten, Appellant. |
Jay L. Wilber, Public Defender, Binghamton (Anthony J. Westbrook of counsel), forappellant.
Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
Appeal from a judgment of the County Court of Broome County (Cawley, J.),rendered January 2, 2013, which revoked defendant's probation and imposed a sentenceof imprisonment.
In 2011, defendant pleaded guilty to criminal sexual act in the second degree as aresult of his engaging in sexual activity with a 13-year-old girl, and he was sentenced to10 years of probation. Defendant pleaded guilty in 2012 to violating the terms of thatprobation by, among other things, using drugs, failing to report to his probation officer,failing to find employment and having unsupervised contact with a teenage girl. CountyCourt indicated that it was inclined to resentence defendant to two years in prison to befollowed by postrelease supervision of four years and, after considering defendant'sarguments for leniency, did so. Defendant now appeals, arguing solely that theresentence was harsh and excessive. Defendant twice violated the terms of his probationin the brief time that he was on probation, and notably continued to have unsupervisedcontact with children under the age of 18 notwithstanding that such contact wasprohibited. Under these circumstances, we perceive neither an abuse of discretion byCounty Court nor the existence of extraordinary circumstances that would warrant areduction of the resentence in the interest of justice (see People v Fitzgerald, 100 AD3d 1268, 1269 [2012],lv denied 20 NY3d 1011 [2013]; People v Baker, 92 AD3d 967 [2012]).
Lahtinen, J.P., Stein, McCarthy, Rose and Clark, JJ., concur. Ordered that thejudgment is affirmed.