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People v. Moore

Appellate Division of the Supreme Court of New York, Third Department
Dec 13, 1990
168 A.D.2d 739 (N.Y. App. Div. 1990)

Opinion

December 13, 1990

Appeal from the County Court of Chemung County (Danaher, Jr., J.).


Defendant's only contention on appeal is that the sentence he received for violating his probation was harsh and excessive in light of his sincere desire to overcome his alcohol problem and his rehabilitative needs in this regard. Given defendant's criminal record, his history of being a serious probation risk and his failure to cooperate in an alcohol treatment program, we find that County Court did not abuse its discretion in imposing a sentence of 1 to 3 years' imprisonment (see, People v. Smith, 136 A.D.2d 867, lv. denied 71 N.Y.2d 1033).

Judgment affirmed. Casey, J.P., Mikoll, Yesawich, Jr., Levine and Harvey, JJ., concur.


Summaries of

People v. Moore

Appellate Division of the Supreme Court of New York, Third Department
Dec 13, 1990
168 A.D.2d 739 (N.Y. App. Div. 1990)
Case details for

People v. Moore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD M. MOORE…

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

Date published: Dec 13, 1990

Citations

168 A.D.2d 739 (N.Y. App. Div. 1990)
564 N.Y.S.2d 498

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