Opinion
2011-09-22
The PEOPLE of the State of New York, Respondent,v.Brent L. KIRK, Appellant.
Erin R. Lynch, Albany, for appellant.Joseph G. Fazzary, District Attorney, Watkins Glen (Matthew C. Hayden of counsel), for respondent.
Appeal from a judgment of the County Court of Schuyler County (Argetsinger, J.), rendered September 23, 2010, which revoked defendant's probation and imposed a sentence of incarceration.
In 2009, defendant was sentenced to a three-year term of probation following his plea of guilty to driving while intoxicated as a misdemeanor. In 2010, defendant admitted to violating the terms of his probation by being arrested three times, being convicted of additional offenses and failing to participate in substance abuse treatment. County Court then revoked defendant's probation and resentenced him to one year in jail. Defendant appeals.
In view of defendant's lengthy criminal history during the course of which he was placed on probation more than once and his violation of multiple terms of his current probation, we are unpersuaded that the sentence imposed was harsh and excessive ( see People v. Gotham, 284 A.D.2d 578, 725 N.Y.S.2d 235 [2001] ). Furthermore, our review of the record reveals no extraordinary circumstances warranting a reduction of the sentence in the interest of justice ( see People v. McKoy, 303 A.D.2d 842, 755 N.Y.S.2d 338 [2003], lv. denied 100 N.Y.2d 564, 763 N.Y.S.2d 821, 795 N.E.2d 47 [2003] ).
ORDERED that the judgment is affirmed.
SPAIN, J.P., MALONE JR., KAVANAGH, GARRY and EGAN JR., JJ., concur.