Opinion
September 17, 1992
Appeal from the County Court of Albany County (Turner, Jr., J.).
Defendant's only argument on appeal is that the 1 1/3 to 4-year prison sentence he received upon the revocation of his probation was harsh and excessive. Given defendant's use of drugs and alcohol, failure to cooperate in a substance abuse rehabilitation program and conviction of additional crimes while on probation, we cannot say that County Court abused its discretion in sentencing defendant (see, People v Moore, 168 A.D.2d 739; People v Bushey, 114 A.D.2d 690, lv denied 67 N.Y.2d 649).
Mikoll, J.P., Yesawich Jr., Levine, Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed.