Opinion
KA 02-01785
June 13, 2003.
Appeal from a judgment of Onondaga County Court (Walsh, J.), entered June 4, 2002, which revoked defendant's probation and sentenced defendant to a determinate term of imprisonment.
J. SCOTT PORTER, SYRACUSE, FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: WISNER, J.P., SCUDDER, KEHOE, GORSKI, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice by reducing the determinate term of imprisonment to three years and as modified the judgment is affirmed.
Memorandum:
Defendant appeals from a judgment revoking his probation and sentencing him to a determinate term of imprisonment. Contrary to the contention of defendant, the record supports County Court's finding that he violated the conditions of his probation ( see CPL 410.70). Although we conclude that the court did not abuse its discretion in revoking his probation on that ground ( see People v Costanza, 281 A.D.2d 120, 125, lv denied 96 N.Y.2d 827), we modify the judgment as a matter of discretion in the interest of justice by reducing the determinate term of imprisonment to three years ( see 470.15 [6] [b]).