People v Weidow

2017 NY Slip Op 03995 [150 AD3d 1488]

May 18, 2017

Appellate Division, Third Department

As corrected through Wednesday, June 28, 2017

[*1]

The People of the State of New York, Respondent, v NicholasW. Weidow, Appellant.

Donna C. Chin, Ithaca, for appellant.

Stephen K. Cornwell Jr., Binghamton (Torrance L. Schmitz of counsel), for respondent.

Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered April23, 2014, which revoked defendant's probation and imposed a sentence of imprisonment.

In 2011, defendant waived indictment and pleaded guilty to a reduced charge of rape in thethird degree. He was sentenced to 10 years of probation. In 2014, defendant was charged withviolating the terms of his probation as a result of being unsuccessfully discharged from his drugtreatment program. Thereafter, County Court resentenced defendant to 11/2 yearsin prison followed by 10 years of postrelease supervision. Defendant appeals.

Defendant's sole contention on appeal is that the imposition of the maximum period ofpostrelease supervision was harsh and excessive. We disagree. Given the nature of the underlyingcrime and the inability of defendant to abide by the terms of his probation, we find no abuse ofdiscretion by County Court nor the existence of any extraordinary circumstances that wouldwarrant a reduction of the period of postrelease supervision in the interest of justice (see People v Colon, 136 AD3d471, 472 [2016], lvs denied 27 NY3d 904, 1067 [2016]; People v Watson, 115 AD3d 1016,1017 [2014], lv denied 24 NY3d 965 [2014]).

Garry, J.P., Egan Jr., Lynch, Clark and Aarons, JJ., concur. Ordered that the judgment isaffirmed.