People v. Breighner

Appellate Division of the Supreme Court of New York

People v. Breighner

186 A.D.2d 318, 587 N.Y.S.2d 1021, 1992 N.Y. App. Div. LEXIS 10765

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

DecidedSeptember 24, 1992

StatusPublished

This text of 186 A.D.2d 318 (People v. Breighner) 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. Breighner, 186 A.D.2d 318, 587 N.Y.S.2d 1021, 1992 N.Y. App. Div. LEXIS 10765 (N.Y. Ct. App. 1992).

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Opinion

Appeal from a judgment of the County Court of Saratoga County (Williams, J.), rendered March 8, 1989, which revoked defendant’s probation and imposed a sentence of imprisonment.

Defendant’s only argument on appeal is that the 216 to 7-year prison sentence she received upon the revocation of her probation was harsh and excessive. Given defendant’s admit[319]*319ted failure to comply with the terms of her probation, including the failure to make scheduled restitution payments or to cooperate in an alcohol treatment program, and her termination from employment for embezzlement while on probation, we find no reason to disturb the sentence imposed by County Court (see, People v Moore, 168 AD2d 739).

Mikoll, J. P., Levine, Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Saratoga County (Williams, J.), rendered March 8, 1989, which revoked defendant’s probation and imposed a sentence of imprisonment.

Defendant’s only argument on appeal is that the 216 to 7-year prison sentence she received upon the revocation of her probation was harsh and excessive. Given defendant’s admit[319]*319ted failure to comply with the terms of her probation, including the failure to make scheduled restitution payments or to cooperate in an alcohol treatment program, and her termination from employment for embezzlement while on probation, we find no reason to disturb the sentence imposed by County Court (see, People v Moore, 168 AD2d 739).

Mikoll, J. P., Levine, Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

186 A.D.2d 318, 587 N.Y.S.2d 1021, 1992 N.Y. App. Div. LEXIS 10765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-breighner-nyappdiv-1992.

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