People v. Ewen

Appellate Division of the Supreme Court of New York

People v. Ewen

186 A.D.2d 319, 588 N.Y.S.2d 204, 1992 N.Y. App. Div. LEXIS 10766

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

DecidedSeptember 24, 1992

StatusPublished

This text of 186 A.D.2d 319 (People v. Ewen) 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. Ewen, 186 A.D.2d 319, 588 N.Y.S.2d 204, 1992 N.Y. App. Div. LEXIS 10766 (N.Y. Ct. App. 1992).

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Opinion

—Appeal from a judgment of the County Court of Otsego County (Mogavero, Jr., J.), rendered February 11, 1991, which revoked defendant’s probation and imposed a sentence of imprisonment.

[320]*320Defendant contends that the 2 to 6-year prison sentence she received upon the revocation of her probation is harsh and excessive. Defendant was found to have violated various terms of her probation, including relocation to a different county without permission of County Court or the Probation Department, association with persons who had been convicted of promotion of prostitution, and failure to report an arrest for prostitution to the Probation Department or to cooperate in a substance abuse treatment program. Defendant has shown by her actions that probation is not a viable alternative for her. Under these circumstances, we find no reason to disturb the sentence imposed by County Court (see, People v Smith, 136 AD2d 867, lv denied 71 NY2d 1033).

Levine, J. P., Mercure, 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 Otsego County (Mogavero, Jr., J.), rendered February 11, 1991, which revoked defendant’s probation and imposed a sentence of imprisonment.

[320]*320Defendant contends that the 2 to 6-year prison sentence she received upon the revocation of her probation is harsh and excessive. Defendant was found to have violated various terms of her probation, including relocation to a different county without permission of County Court or the Probation Department, association with persons who had been convicted of promotion of prostitution, and failure to report an arrest for prostitution to the Probation Department or to cooperate in a substance abuse treatment program. Defendant has shown by her actions that probation is not a viable alternative for her. Under these circumstances, we find no reason to disturb the sentence imposed by County Court (see, People v Smith, 136 AD2d 867, lv denied 71 NY2d 1033).

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

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Bluebook (online)

186 A.D.2d 319, 588 N.Y.S.2d 204, 1992 N.Y. App. Div. LEXIS 10766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ewen-nyappdiv-1992.

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