| People v Setterlund |
| 2016 NY Slip Op 01873 [137 AD3d 1420] |
| March 17, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vTracy Setterlund, Appellant. |
Theodore J. Stein, Woodstock, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel),for respondent.
Peters, P.J. Appeal from a judgment of the County Court of Ulster County (Williams,J.), rendered June 4, 2014, which revoked defendant's probation and imposed a sentenceof imprisonment.
In 2011, pursuant to a negotiated plea agreement, defendant waived indictment andpleaded guilty as charged in a superior court information to driving while abilityimpaired by drugs as a felony, and admitted that he had previously been convicted ofdriving while intoxicated. He waived his right to appeal and was sentenced to a five-yearperiod of probation, his license was revoked and fines and fees were imposed. In 2014,defendant was charged with violating the conditions of his probation based upon, amongother violations, his conviction for menacing in the second degree and his commission ofthe crime of contempt in the first degree for violating an order of protection. Defendantadmitted violating probation, pursuant to a plea agreement. Consistent therewith, CountyCourt revoked defendant's probationary sentence and imposed a prison term of 1 to 3years, to be served under parole supervision at Willard State Prison Program, with aconsecutive three-year conditional discharge that required him to install an interlockignition device. The sentence was amended by order entered July 14, 2014 to the extentthat the conditional discharge was revoked. Defendant now appeals.
Initially, we note that while defendant failed to file a notice of appeal from theresentencing, we will exercise our discretion to treat as valid the notice of appeal, whichwas prematurely filed on June 11, 2014 (see CPL 460.10 [6]; People v McFadden, 127AD3d 1340, [*2]1341 [2015], lv denied 26NY3d 932 [2015]). However, defendant raises no arguments in his appellate briefaddressed to his violation of probation or to the resentencing thereon and, thus, we deemthat aspect of the appeal to be abandoned (see People v Benson, 119 AD3d 1145, 1146 n 3 [2014],lv denied 24 NY3d 1118 [2015]). All of defendant's arguments on this appeal aredirected at his 2011 guilty plea and sentencing, but he did not file a timely appeal fromthat judgment, and his notice of appeal here, filed June 11, 2014, was untimely as to that2011 judgment (see CPL 460.10 [1] [a]; People v Rutnik, 198 AD2d 617,617-618 [1993]). Further, defendant did not file a motion for an extension of time to filean appeal and no basis appears for such an extension (see CPL 460.30 [1]; People v Jean-Louis, 74 AD3d1481, 1482 [2010], lv denied 15 NY3d 953 [2010]).
Garry, Rose, Lynch and Clark, JJ., concur. Ordered that the judgment isaffirmed.