People v. Dalton

Appellate Division of the Supreme Court of New York

People v. Dalton

247 A.D.2d 656, 668 N.Y.S.2d 950, 1998 N.Y. App. Div. LEXIS 940

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

DecidedFebruary 5, 1998

StatusPublished

Cited by11 cases

This text of 247 A.D.2d 656 (People v. Dalton) 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. Dalton, 247 A.D.2d 656, 668 N.Y.S.2d 950, 1998 N.Y. App. Div. LEXIS 940 (N.Y. Ct. App. 1998).

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Opinion

Appeal from a judgment of the County Court of Columbia County (Czajka, J.), rendered December 18, 1996, which revoked defendant’s probation and imposed a sentence of imprisonment.

On March 17, 1996, defendant was sentenced to time served and concurrent terms of five years’ probation upon his plea of guilty to two felony counts of operating a motor vehicle while intoxicated. Shortly thereafter, defendant pleaded guilty to violating the terms of his probation by consuming alcohol and failing to inform his probation officer of his change of address. As a result, County Court revoked defendant’s probation and resentenced him to two concurrent prison terms of 1 to 3 years. Defendant contends that the sentence was harsh and excessive. We disagree. Considering defendant’s prior alcohol-related conviction, his admission that he had violated the terms of his probation three times within eight months following the grant of probation, and there being no extraordinary circumstances warranting our intervention, we find the sentence, which was within the statutory parameters and in accordance with the [657]*657plea agreement, neither harsh nor excessive (see, People v Re-cor, 209 AD2d 831, 832, affd 87 NY2d 933; People v Spratt, 135 AD2d 983, lv denied 71 NY2d 903).

Mercure, J. P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur.

Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Columbia County (Czajka, J.), rendered December 18, 1996, which revoked defendant’s probation and imposed a sentence of imprisonment.

On March 17, 1996, defendant was sentenced to time served and concurrent terms of five years’ probation upon his plea of guilty to two felony counts of operating a motor vehicle while intoxicated. Shortly thereafter, defendant pleaded guilty to violating the terms of his probation by consuming alcohol and failing to inform his probation officer of his change of address. As a result, County Court revoked defendant’s probation and resentenced him to two concurrent prison terms of 1 to 3 years. Defendant contends that the sentence was harsh and excessive. We disagree. Considering defendant’s prior alcohol-related conviction, his admission that he had violated the terms of his probation three times within eight months following the grant of probation, and there being no extraordinary circumstances warranting our intervention, we find the sentence, which was within the statutory parameters and in accordance with the [657]*657plea agreement, neither harsh nor excessive (see, People v Re-cor, 209 AD2d 831, 832, affd 87 NY2d 933; People v Spratt, 135 AD2d 983, lv denied 71 NY2d 903).

Mercure, J. P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur.

Ordered that the judgment is affirmed.

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Bluebook (online)

247 A.D.2d 656, 668 N.Y.S.2d 950, 1998 N.Y. App. Div. LEXIS 940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dalton-nyappdiv-1998.

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