Opinion
05-18-2017
The PEOPLE of the State of New York, Respondent, v. Nicholas W. WEIDOW, Appellant.
Donna C. Chin, Ithaca, for appellant. Stephen K. Cornwell Jr., Binghamton (Torrance L. Schmitz of counsel), for respondent.
Donna C. Chin, Ithaca, for appellant.
Stephen K. Cornwell Jr., Binghamton (Torrance L. Schmitz of counsel), for respondent.
Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered April 23, 2014, which revoked defendant's probation and imposed a sentence of imprisonment.
In 2011, defendant waived indictment and pleaded guilty to a reduced charge of rape in the third degree. He was sentenced to 10 years of probation. In 2014, defendant was charged with violating the terms of his probation as a result of being unsuccessfully discharged from his drug treatment program. Thereafter, County Court resentenced defendant to 1 ½ years in prison followed by 10 years of postrelease supervision. Defendant appeals.
Defendant's sole contention on appeal is that the imposition of the maximum period of postrelease supervision was harsh and excessive. We disagree. Given the nature of the underlying crime and the inability of defendant to abide by the terms of his probation, we find no abuse of discretion by County Court nor the existence of any extraordinary circumstances that would warrant a reduction of the period of postrelease supervision in the interest of justice (see People v. Colon, 136 A.D.3d 471, 472, 26 N.Y.S.3d 4 [2016], lvs. denied 27 N.Y.3d 904, 2016 WL 1739273 [2016], 27 N.Y.3d 1067, 38 N.Y.S.3d 838, 60 N.E.3d 1204 [2016]; People v. Watson, 115 A.D.3d 1016, 1017, 981 N.Y.S.2d 627 [2014], lv. denied 24 N.Y.3d 965, 996 N.Y.S.2d 225, 20 N.E.3d 1005 [2014] ).
ORDERED that the judgment is affirmed.
GARRY, J.P., EGAN JR., LYNCH, CLARK and AARONS, JJ., concur.