People v. Wigmore

Appellate Division of the Supreme Court of New York

People v. Wigmore

221 A.D.2d 1025, 635 N.Y.S.2d 563, 1995 N.Y. App. Div. LEXIS 13602

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1995·Published

Opinion

—Judgment unanimously affirmed. Memorandum: County Court’s determination that defendant violated the terms of his probation by failing to report as directed and by failing to continue to participate in a substance abuse treatment program is not against the weight of the evidence (see, People v Mallory, 191 AD2d 970, lv denied 81 NY2d 1016). We decline to exercise our power to modify defendant’s sentence as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [b]). (Appeal from Judgment of Erie County Court, LaMendola, J.—Violation of Probation.) Present—Pine, J. P., Lawton, Wesley, Callahan and Davis, JJ.

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—Judgment unanimously affirmed. Memorandum: County Court’s determination that defendant violated the terms of his probation by failing to report as directed and by failing to continue to participate in a substance abuse treatment program is not against the weight of the evidence (see, People v Mallory, 191 AD2d 970, lv denied 81 NY2d 1016). We decline to exercise our power to modify defendant’s sentence as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [b]). (Appeal from Judgment of Erie County Court, LaMendola, J.—Violation of Probation.) Present—Pine, J. P., Lawton, Wesley, Callahan and Davis, JJ.

People v. Wigmore, 221 A.D.2d 1025, 635 N.Y.S.2d 563, 1995 N.Y. App. Div. LEXIS 13602 (N.Y. Ct. App. 1995).

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Opinion

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