| People v Beach |
| 2015 NY Slip Op 02520 [126 AD3d 1236] |
| March 26, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vBrent V. Beach, Appellant. |
Barry J. Jones, Hudson Falls, for appellant.
Glenn MacNeill, Acting District Attorney, Malone, for respondent.
Garry, J. Appeal from a judgment of the County Court of Franklin County (Main Jr.,J.) entered February 20, 2013, which revoked defendant's probation and imposed asentence of imprisonment.
Following defendant's plea of guilty to the crime of criminal mischief in the thirddegree, he was sentenced to 180 days in jail and five years of probation. Thereafter,defendant admitted to violating two of the conditions of his probation. County Courtrevoked defendant's probation and sentenced him to 1 to 3 years in prison. Defendantnow appeals.
We affirm. Defendant's sole contention on appeal is that his sentence is harsh andexcessive. We disagree. The record establishes that defendant has a lengthy criminalrecord and has demonstrated an inability to comply with the conditions of his probation.Under these circumstances, we find no abuse of discretion or any extraordinarycircumstances warranting a reduction of the sentence in the interest of justice (see People v Smurphat, 91AD3d 980, 981 [2012], lv denied 18 NY3d 962 [2012]; People v Rowland, 11 AD3d825, 825-826 [2004]).
Peters, P.J., Rose and Lynch, JJ., concur. Ordered that the judgment is affirmed.