Opinion
2014-03-27
The PEOPLE of the State of New York, Respondent, v. David W. BEACH, Appellant.
Pamela A. Fairbanks, Ithaca, for appellant. Gwen Wilkinson, District Attorney, Ithaca (Gary U. Surdell of counsel), for respondent.
Pamela A. Fairbanks, Ithaca, for appellant. Gwen Wilkinson, District Attorney, Ithaca (Gary U. Surdell of counsel), for respondent.
Before: PETERS, P.J., LAHTINEN, ROSE and EGAN JR., JJ.
EGAN JR., J.
Appeal from a judgment of the County Court of Tompkins County (Rowley, J.), rendered March 30, 2012, which revoked defendant's probation and imposed a sentence of imprisonment.
In 2009, defendant pleaded guilty to driving while intoxicated as a felony and was sentenced to five years of probation. Following a failed drug test in 2012, defendant pleaded guilty to violating the terms of his probation, and his probation was revoked. County Court then resentenced defendant to 2 1/3 to 7 years in prison, prompting this appeal.
We affirm. Absent evidence of an appropriate postallocution motion, defendant's claim that he was denied the effective assistance of counsel is unpreserved for our review ( see People v. Alexander, 110 A.D.3d 1111, 1112, 972 N.Y.S.2d 353 [2013] ). Further, in light of defendant's well-documented history of alcohol abuse and his extensive criminal history, including six felony driving while intoxicated convictions, we cannot say that the sentenceimposed is harsh or excessive ( see People v. Egloff, 107 A.D.3d 1242, 1242, 966 N.Y.S.2d 919 [2013];People v. Oehler, 52 A.D.3d 955, 957, 859 N.Y.S.2d 525 [2008],lv. denied11 N.Y.3d 792, 866 N.Y.S.2d 618, 896 N.E.2d 104 [2008].
ORDERED that the judgment is affirmed.
PETERS, P.J., LAHTINEN and ROSE, JJ., concur.