Opinion
13071
May 16, 2002.
Appeal from a judgment of the County Court of Chemung County (Buckley, J.), entered March 28, 2001, which revoked defendant's probation and imposed a sentence of imprisonment.
Judith E. Young, Bloomingburg, for appellant.
John R. Trice, District Attorney, Elmira (John Thweatt of counsel), for respondent.
Before: Mercure, J.P., Crew III, Carpinello, Mugglin and, Rose, JJ.
MEMORANDUM AND ORDER
Upon her plea of guilty to the crime of driving while intoxicated, defendant was sentenced to five years' probation. In March 2001, defendant pleaded guilty to violating the terms of her probation by repeatedly failing to report for probation meetings and by having consumed alcohol. She was sentenced to an indeterminate prison term of 1 to 3 years. Defendant appeals, challenging her sentence as unduly harsh and excessive.
In light of defendant's demonstrated inability to abide by the conditions of probation, we are unpersuaded that the sentence imposed, which is within the permissible statutory range, was harsh and excessive (see, People v. Barkley, 289 A.D.2d 880; People v. Medinilla, 279 A.D.2d 891, lv denied 96 N.Y.2d 803), nor does the record reveal any extraordinary circumstances warranting our intervention (see, People v. Dolphy, 257 A.D.2d 681, lv denied 93 N.Y.2d 872).
Mercure, J.P., Crew III, Carpinello, Mugglin and Rose, JJ., concur.
ORDERED that the judgment is affirmed.