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People v. Bergman

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 14, 2008
56 A.D.3d 1225 (N.Y. App. Div. 2008)

Opinion

No. KA 07-01484.

November 14, 2008.

Appeal from a judgment of the Oswego County Court (Walter W Hafner, Jr., J.), rendered April 17, 2007. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.

D.J. J.A. CIRANDO, ESQS., SYRACUSE (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

DONALD H. DODD, DISTRICT ATTORNEY, OSWEGO (MICHAEL G. CIANFARANO OF COUNSEL), FOR RESPONDENT.

Before: Scudder, P.J., Martoche, Centra, Lunn and Gorski, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment revoking the sentence of probation imposed upon his conviction of attempted assault in the second degree (Penal Law §§ 110.00, 120.05) and sentencing him to a term of imprisonment. We reject defendant's contention that the People failed to establish by a preponderance of the evidence that defendant violated the conditions of his probation ( see CPL 410.70; People v Maldonado, 44 AD3d 793, lv denied 9 NY3d 1035), and "the decision to revoke his probation will not be disturbed, [absent a] `clear abuse of discretion'" ( People v Barber, 280 AD2d 691, 694, lv denied 96 NY2d 825). We reject the further contention of defendant that he was denied effective assistance of counsel inasmuch as "the evidence, the law, and the circumstances of [this] case, viewed in totality and as of the time of the representation, reveal that [defense counsel] provided meaningful representation" ( People v Baldi, 54 NY2d 137, 147); Finally, the sentence is not unduly harsh or severe.


Summaries of

People v. Bergman

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 14, 2008
56 A.D.3d 1225 (N.Y. App. Div. 2008)
Case details for

People v. Bergman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY T. BERGMAN…

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

Date published: Nov 14, 2008

Citations

56 A.D.3d 1225 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 8909
866 N.Y.S.2d 918

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