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People v. Barkley

Appellate Division of the Supreme Court of New York, Third Department
Dec 27, 2001
289 A.D.2d 880 (N.Y. App. Div. 2001)

Opinion

13097

Decided and Entered: December 27, 2001.

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered May 1, 2001, which revoked defendant's probation and imposed a sentence of imprisonment.

Richard V. Manning, Parishville, for appellant.

Jerome J. Richards, District Attorney (Laurie L. Paro of counsel), Canton, for respondent.

Before: Cardona, P.J., Peters, Spain, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER

In January 2001, defendant pleaded guilty to the crime of attempted criminal possession of a forged instrument in the second degree and was thereafter sentenced to five years' probation, which included a term of 180 days in the electronic home monitoring program. In April 2001, defendant pleaded guilty to violating the terms of her probation by failing to adhere to the conditions of the electronic home monitoring program. County Court revoked defendant's probation and sentenced her to an indeterminate term of 1 to 3 years in prison. Defendant appeals.

In light of defendant's extensive criminal history and inability to abide by the conditions of probation, we are unpersuaded by her assertion that the sentence imposed was harsh and excessive (see, People v. Medinilla, 279 A.D.2d 891, lv denied 96 N.Y.2d 803; People v. Millard, 279 A.D.2d 807, 808, lv denied 96 N.Y.2d 803). Moreover, our review of the record reveals no extraordinary circumstances to warrant a reduction of the sentence imposed in the interest of justice (see, People v. Dolphy, 257 A.D.2d 681, 685, lv denied 93 N.Y.2d 872).

Cardona, P.J., Peters, Spain, Rose and Lahtinen, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Barkley

Appellate Division of the Supreme Court of New York, Third Department
Dec 27, 2001
289 A.D.2d 880 (N.Y. App. Div. 2001)
Case details for

People v. Barkley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TAMMY E. BARKLEY…

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

Date published: Dec 27, 2001

Citations

289 A.D.2d 880 (N.Y. App. Div. 2001)
734 N.Y.S.2d 914

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