| People v O'Brien |
| 2014 NY Slip Op 07528 [122 AD3d 957] |
| November 6, 2014 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vAllan P. O'Brien, Appellant. |
Lisa A. Burgess, Indian Lake, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), forrespondent.
Appeal from a judgment of the County Court of Clinton County (Ryan, J.), renderedMarch 5, 2013, convicting defendant upon his plea of guilty of the crimes of criminalsale of a controlled substance in the fourth degree and criminal possession of a controlledsubstance in the fifth degree.
Defendant pleaded guilty to an indictment charging him with criminal sale of acontrolled substance in the fourth degree and criminal possession of a controlledsubstance in the fifth degree, with County Court making no sentencing commitment. Hewas accepted into the drug treatment court program in August 2012 and, as such, wasplaced on interim probation supervision. Defendant was sanctioned for failing to complywith the provisions of the treatment contract, and further violated the terms of his interimprobation on two occasions. The second of those probation violations, in January 2013,arose when he absconded from the halfway house where he was residing and failed toreport to his probation officer. County Court thereafter sentenced defendant, a secondfelony offender, to an aggregate prison term of five years, to be followed by postreleasesupervision of two years.
Defendant now appeals, arguing that his sentence was harsh and excessive. Basedupon our review of the record, we disagree. Considering defendant's prior criminalhistory and poor conduct while on interim probation, as well as the fact that he couldhave received a much more substantial prison term, "we find no abuse of discretion orextraordinary circumstances warranting a reduction in the interest of justice" (People v Miller, 113 AD3d935, 935-936[*2][2014], lv denied 22 NY3d1201 [2014]; see People vAljerari, 109 AD3d 1049, 1050 [2013], lv denied 22 NY3d 1038[2013]).
Peters, P.J., Stein, Rose, Lynch and Clark, JJ., concur. Ordered that the judgment isaffirmed.