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State v. Drake

Appellate Division of the Supreme Court of New York, Third Department
Jan 4, 2007
36 A.D.3d 967 (N.Y. App. Div. 2007)

Opinion

No. 16422.

January 4, 2007.

Appeal from a judgment of the County Court of Essex County (Lawliss, J.), rendered August 9, 2005, which revoked defendant's probation and imposed a sentence of imprisonment.

Stephen G. Court, Saratoga Springs, for appellant.

Julie A. Garcia, District Attorney, Elizabethtown

(Michael P. Langey of counsel), for respondent.

Before: Cardona, P.J., Mercure, Carpinello, Rose and Lahtinen, JJ.


Defendant was convicted of criminal contempt in the first degree and was sentenced to four months in jail and five years of probation. He was subsequently charged with violating the terms of his probation. He pleaded guilty, his probation was revoked and he was resentenced to 11/3 a to 4 years in prison. He now appeals.

We affirm. We find no merit to defendant's claim that his sentence is harsh and excessive. Given defendant's lengthy criminal record and demonstrated inability to abide by the terms of his probation, we find no extraordinary circumstances nor any abuse of discretion that warrants a reduction of the sentence in the interest of justice ( see People v Medinilla, 279 AD2d 891, lv denied 96 NY2d 803; People v Williams, 255 AD2d 834, 835, lv denied 93 NY2d 981).

Ordered that the judgment is affirmed.


Summaries of

State v. Drake

Appellate Division of the Supreme Court of New York, Third Department
Jan 4, 2007
36 A.D.3d 967 (N.Y. App. Div. 2007)
Case details for

State v. Drake

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD W. DRAKE, JR.…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 4, 2007

Citations

36 A.D.3d 967 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 13
826 N.Y.S.2d 506

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