People v. Beach

Appellate Division of the Supreme Court of New York

People v. Beach

53 A.D.3d 985, 860 N.Y.S.2d 920

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 31, 2008

StatusPublished

Cited by2 cases

This text of 53 A.D.3d 985 (People v. Beach) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Beach, 53 A.D.3d 985, 860 N.Y.S.2d 920 (N.Y. Ct. App. 2008).

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Opinion

Appeal from a judgment of the County Court of Broome County (Pelella, J.), rendered August 31, 2007, which revoked defendant’s probation and imposed a sentence of imprisonment.

On April 17, 2007, defendant pleaded guilty to attempted grand larceny in the third degree and was sentenced to five years of probation. Less than three weeks later, a uniform court report was filed alleging that defendant violated the condition of his probation that required him to report to his probation officer. Defendant subsequently admitted to violating his probation, whereupon County Court revoked defendant’s probation and sentenced him to a prison term of lVs to 4 years. Defendant now appeals, contending only that the sentence imposed is harsh and excessive. We disagree and affirm. In light of defendant’s demonstrated substance abuse problem, prior criminal record and apparent inability to commit to a rehabilitation program, we find no abuse of discretion or extraordinary circumstances warranting a reduction of his sentence (see People v Mazzara, 49 AD3d 918 [2008]; People v Talmadge, 48 AD3d 836, 836-837 [2008]; People v Valdez, 4 AD3d 679, 680-681 [2004], lv denied 2 NY3d 808 [2004]).

[986]*986Mercure, J.P., Carpinello, Rose, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Broome County (Pelella, J.), rendered August 31, 2007, which revoked defendant’s probation and imposed a sentence of imprisonment.

On April 17, 2007, defendant pleaded guilty to attempted grand larceny in the third degree and was sentenced to five years of probation. Less than three weeks later, a uniform court report was filed alleging that defendant violated the condition of his probation that required him to report to his probation officer. Defendant subsequently admitted to violating his probation, whereupon County Court revoked defendant’s probation and sentenced him to a prison term of lVs to 4 years. Defendant now appeals, contending only that the sentence imposed is harsh and excessive. We disagree and affirm. In light of defendant’s demonstrated substance abuse problem, prior criminal record and apparent inability to commit to a rehabilitation program, we find no abuse of discretion or extraordinary circumstances warranting a reduction of his sentence (see People v Mazzara, 49 AD3d 918 [2008]; People v Talmadge, 48 AD3d 836, 836-837 [2008]; People v Valdez, 4 AD3d 679, 680-681 [2004], lv denied 2 NY3d 808 [2004]).

[986]*986Mercure, J.P., Carpinello, Rose, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

53 A.D.3d 985, 860 N.Y.S.2d 920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beach-nyappdiv-2008.

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