People v. Brodhead

Appellate Division of the Supreme Court of New York

People v. Brodhead

211 A.D.2d 925, 621 N.Y.S.2d 958, 1995 N.Y. App. Div. LEXIS 216

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

DecidedJanuary 12, 1995

StatusPublished

This text of 211 A.D.2d 925 (People v. Brodhead) 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. Brodhead, 211 A.D.2d 925, 621 N.Y.S.2d 958, 1995 N.Y. App. Div. LEXIS 216 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered September 21, 1993, which revoked defendant’s probation and imposed a sentence of imprisonment.

We reject defendant’s contention that County Court abused its discretion by sentencing defendant to 5 to 15 years in prison upon the revocation of his probation. Defendant, who had previously pleaded guilty to one count of attempted criminal sale of a controlled substance in the second degree in satisfaction of a multicount indictment, was properly found to have violated the terms and conditions of his probation by failing to report as required and by failing to abstain from the personal consumption of illegal drugs. We have also examined defendant’s assertion that the sentence imposed is unduly harsh or excessive and find it to be unpersuasive.

Mikoll, J. P., Mercure, White, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered September 21, 1993, which revoked defendant’s probation and imposed a sentence of imprisonment.

We reject defendant’s contention that County Court abused its discretion by sentencing defendant to 5 to 15 years in prison upon the revocation of his probation. Defendant, who had previously pleaded guilty to one count of attempted criminal sale of a controlled substance in the second degree in satisfaction of a multicount indictment, was properly found to have violated the terms and conditions of his probation by failing to report as required and by failing to abstain from the personal consumption of illegal drugs. We have also examined defendant’s assertion that the sentence imposed is unduly harsh or excessive and find it to be unpersuasive.

Mikoll, J. P., Mercure, White, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

211 A.D.2d 925, 621 N.Y.S.2d 958, 1995 N.Y. App. Div. LEXIS 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brodhead-nyappdiv-1995.