Opinion
July 9, 1998
Appeals from the County Court of Broome County (Mathews, J.).
We reject defendant's contention that the consecutive prison terms of 1 to 4 years each in connection with his violation of probation and plea of guilty of grand larceny in fourth degree are harsh and excessive. The record reveals that defendant was unwilling to comply with the terms of his probation, notwithstanding the fact that County Court afforded defendant repeated opportunities to do so. Based upon our review of the record, we decline to disturb the sentences imposed and find the consecutive nature of the sentences to be appropriate ( see, People v. DeFayette, 241 A.D.2d 761, lv denied 90 N.Y.2d 939; see also, People v. Novack, 233 A.D.2d 617). Finally, while defendant's substance abuse problem and unstable home environment, among other factors, are unfortunate, under the circumstances presented here we do not find these excuses to be so significant as to warrant a reduction of the sentences in the interest of justice.
Cardona, P.J., Crew III, Yesawich Jr., Peters and Carpinello, JJ., concur.
Ordered that the judgments are affirmed.