Opinion
12921.
Decided and Entered: December 24, 2003.
Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered February 26, 2001, which revoked defendant's probation and imposed a sentence of imprisonment.
Paul R. Corradini, Public Defender, Elmira, for appellant.
John R. Trice, District Attorney, Elmira (Damian M. Sonsire of counsel), for respondent.
Before: Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
Defendant was serving lifetime probation following his 1999 conviction of attempted criminal sale of a controlled substance in the third degree when he was charged with violating various terms of his probation due to his multiple arrests, unsuccessful attempts to complete a drug treatment program and his failure to notify his probation officer of his employment status. Pursuant to a plea agreement, defendant pleaded guilty to violating the terms of his probation and was sentenced as a second felony offender to a prison term of 4 to 8 years. We are unpersuaded by defendant's contention that the sentence imposed was harsh and excessive. Given defendant's criminal history, we find no extraordinary circumstances warranting a reduction of the agreed-upon sentence (see People v. Pidcoe, 294 A.D.2d 715; People v. Simmons, 279 A.D.2d 892, lv denied 96 N.Y.2d 834).
Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.
ORDERED that the judgment is affirmed.