Opinion
2012-11-15
The PEOPLE of the State of New York, Respondent, v. David BRAND, Appellant.
Lisa A. Burgess, Indian Lake, for appellant. Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.
Lisa A. Burgess, Indian Lake, for appellant. Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.
Before: ROSE, J.P., LAHTINEN, STEIN, McCARTHY and GARRY, JJ.
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered May 27, 2011, which revoked defendant's probation and imposed a sentence of imprisonment.
Following defendant's plea of guilty to the crime of driving while intoxicated, he was sentenced to five years of probation. Thereafter, a petition alleging a violation of probation was filed against defendant. After defendant entered an admission to violating the terms and conditions of his probation, County Court revoked defendant's probation and sentenced him, in accordance with the plea agreement, to a prison term of 1 2/3 to 5 years. Defendant now appeals.
We affirm. Defendant's sole argument on appeal is that his resentence is harsh and excessive. We are unpersuaded. The record demonstrates that defendant has a lengthy criminal history and that he failed to maintain his sobriety or follow through with treatment programs despite repeated opportunities to do so ( see People v. Ebert, 81 A.D.3d 1042, 916 N.Y.S.2d 303 [2011],lv. denied17 N.Y.3d 794, 929 N.Y.S.2d 102, 952 N.E.2d 1097 [2011] ). Under the circumstances, we find no abuse of discretion or extraordinary circumstances warranting a reduction of the resentence in the interest of justice ( see People v. Setzer, 83 A.D.3d 1123, 1123, 920 N.Y.S.2d 463 [2011] ).
ORDERED that the judgment is affirmed.