| People v Cook |
| 2015 NY Slip Op 08472 [133 AD3d 1048] |
| November 19, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vZachary A. Cook, Appellant. |
G. Scott Walling, Schenectady, for appellant.
Glenn MacNeill, Acting District Attorney, Malone (Jennifer M. Hollis of counsel),for respondent.
Egan Jr., J. Appeal from a judgment of the County Court of Franklin County (MainJr., J.), rendered September 29, 2014, which revoked defendant's probation and imposeda sentence of imprisonment.
Defendant pleaded guilty to robbery in the third degree in satisfaction of a four-countindictment and was sentenced to five years of probation with the first 180 days to beserved in the local jail. Thereafter, defendant admitted to violating certain conditions ofhis probation with the understanding that he would be restored to probation if he wasaccepted into and successfully completed an adult drug treatment program. Afterdefendant was unsuccessfully discharged from a substance abuse treatment center, hisapplication for the Franklin County Adult Treatment Court was denied. As a result,County Court revoked defendant's probation and ultimately resentenced him to a prisonterm of 2 to 6 years.
Defendant's sole contention upon appeal is that the resentence imposed is harsh andexcessive. We disagree. In light of defendant's inability to comply with the terms of hisprobation, "we find no abuse of discretion or extraordinary circumstances warranting amodification of his sentence in the interest of justice" (People v McGregor, 119 AD3d1235, 1236 [2014], lv denied 25 NY3d 991 [2015]; see People v Clark, 100 AD3d1157, 1158 [2012], lv denied 20 NY3d 1010 [2013]).
Lahtinen, J.P., Garry and Clark, JJ., concur. Ordered that the judgment isaffirmed.