| People v Peasley |
| 2020 NY Slip Op 03153 [184 AD3d 911] |
| June 4, 2020 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Eric A. Peasley, Appellant. |
Lucas G. Mihuta, Albany, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), forrespondent.
Reynolds Fitzgerald, J. Appeal from a judgment of the County Court of Clinton County(Favreau, J.), rendered April 5, 2018, which revoked defendant's probation and imposed asentence of imprisonment.
Following a jury trial, defendant was convicted of, among other things, driving whileintoxicated as a felony and was sentenced in March 2015 to five years of probation. In June 2017,defendant was arrested after the police responded to a domestic incident call involving defendantand his girlfriend. Defendant was subsequently charged with violating certain terms of hisprobation. Following a hearing, County Court found that defendant had violated the condition ofhis probation requiring that he refrain from consuming alcoholic beverages. At sentencing,County Court revoked defendant's probation and imposed a prison sentence of 1 to 3 years.Defendant appeals.
"A violation of probation proceeding is summary in nature and a sentence of probation maybe revoked if the defendant has been afforded an opportunity to be heard and the courtdetermines by a preponderance of the evidence that a condition of the probation has beenviolated" (People v Jangrow, 34AD3d 991, 991-992 [2006] [citation omitted]; accord People v Thomas, 163 AD3d 1293, 1294 [2018], lvdenied 32 NY3d 1068 [2018]). An arresting officer testified that defendant was combativeand belligerent during the incident in question, had bloodshot eyes and emitted an odor ofalcohol. The officer further testified that, based upon his observations and training as to theindicia of intoxication, defendant was intoxicated at the time of his arrest. According deferenceto County Court's determination to credit the officer's testimony, the court's finding thatdefendant violated a condition of his probation was supported by a preponderance of theevidence (see People v Deming, 171AD3d 1400, 1402 [2019], lv denied 33 NY3d 1104 [2019]; People v Turner, 136 AD3d 1111,1112 [2016], lv denied 27 NY3d 1140 [2016]). As to defendant's challenge to the severityof his sentence, our review of the record reveals neither an abuse of County Court's discretion northe presence of extraordinary circumstances warranting a reduction of the sentence in the interestof justice (see People v Thomas, 163 AD3d at 1295; People v Cook, 133 AD3d 1048, 1048 [2015]).
Lynch, J.P., Clark, Devine and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.