| People v Rivers |
| 2015 NY Slip Op 05712 [130 AD3d 1092] |
| July 2, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Terry L. Rivers, Appellant. |
G. Scott Walling, Schenectady, 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.), renderedAugust 13, 2013, which revoked defendant's probation and imposed a sentence ofimprisonment.
In 2005, defendant was convicted of two counts of grand larceny in the fourth degreeand was sentenced to five years of probation. He was subsequently charged withviolating the conditions of his probation after he went to Texas on a one-month pass andneither returned nor reported to his probation officer. A warrant was issued for his arrestand he was eventually returned to New York in 2013. Defendant admitted to theprobation violations and his probation was revoked. County Court then sentenced him toconcurrent terms of 1
Defendant's sole contention is that his sentence is harsh and excessive. Based uponour review of the record, we disagree. Defendant has many prior criminal convictionsand he admitted to violating his probation without any promise being made as to thesentence that would be imposed. Furthermore, he absconded from the jurisdiction andremained in Texas until 2013, [*2]more than six yearsafer the declaration of delinquency was issued. In view of the foregoing and even thoughdefendant received the maximum sentence for a class E felony (see Penal Law§ 70.00 [2] [e]; [3] [b]), we find no extraordinary circumstances nor anyabuse of discretion warranting a reduction of the sentence in the interest of justice (see People v Lowe, 53 AD3d982, 983 [2008]; People v Ciarleglio, 299 AD2d 571, 572 [2002]).
Garry, J.P., Egan Jr., Lynch and Devine, JJ., concur. Ordered that the judgment isaffirmed.
Footnote *:Although defendant wasreleased to parole in October 2014, his appeal is not moot given that he is still under thecontrol of the Board of Parole until he completes his sentence (see People v Sebring, 111AD3d 1346, 1347 [2013], lv denied 22 NY3d 1159 [2014]).