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People v. Gotham

Appellate Division of the Supreme Court of New York, Third Department
Jun 7, 2001
284 A.D.2d 578 (N.Y. App. Div. 2001)

Opinion

June 7, 2001.

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered August 29, 2000, 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: Mercure, J.P., Crew III, Spain, Mugglin and Rose, JJ.


MEMORANDUM AND ORDER

In 1998, defendant pleaded guilty to driving while intoxicated as a misdemeanor and criminal contempt in the first degree in full satisfaction of a seven-count indictment and was sentenced to concurrent terms of three years' and five years' probation, respectively. In August 2000, defendant pleaded guilty to violating the terms of his probation by drinking alcohol, being convicted of an additional offense and being arrested two additional times for criminal contempt in the second degree. County Court revoked defendant's probation and sentenced him to two concurrent definite terms of 365 days in jail. Defendant appeals.

In light of defendant's history of criminal conduct and inability to abide by the conditions of probation, we are unpersuaded by his assertion that the sentence imposed was harsh and excessive (see, People v. Snow, 273 A.D.2d 549; People v. Hawke, 270 A.D.2d 646, 647). 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. McNeil, 268 A.D.2d 611, 612, lv denied 94 N.Y.2d 953; People v. Dolphy, 257 A.D.2d 681, 685, lv denied 93 N.Y.2d 872).

Mercure, J.P., Crew III, Spain, Mugglin and Rose, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Gotham

Appellate Division of the Supreme Court of New York, Third Department
Jun 7, 2001
284 A.D.2d 578 (N.Y. App. Div. 2001)
Case details for

People v. Gotham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL C. GOTHAM…

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

Date published: Jun 7, 2001

Citations

284 A.D.2d 578 (N.Y. App. Div. 2001)
725 N.Y.S.2d 235

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