Opinion
2012-11-15
The PEOPLE of the State of New York, Respondent, v. David B. CLARK, Appellant.
Theresa M. Suozzi, Saratoga Springs, for appellant. James Sacket, District Attorney, Schoharie (Michael L. Breen of counsel), for respondent.
Theresa M. Suozzi, Saratoga Springs, for appellant. James Sacket, District Attorney, Schoharie (Michael L. Breen of counsel), for respondent.
Before: PETERS, P.J., MERCURE, MALONE JR., KAVANAGH and EGAN JR., JJ.
Appeal from a judgment of the County Court of Schoharie County (Bartlett III, J.), rendered March 15, 2012, which revoked defendant's probation and imposed a sentence of imprisonment.
In satisfaction of a four-count indictment, defendant pleaded guilty to one count of insurance fraud in the third degree and was sentenced to a period of five years of probation in the drug court program. Thereafter, five violation of probation petitions were filed asserting numerousviolations, including, among other things, allegations that defendant consumed alcohol, tampered with his “Scram” bracelet, was charged with criminal possession of a weapon in the fourth degree and failed to attend a substance abuse treatment program. Subsequently, defendant admitted violating certain conditions of his probation and County Court discharged him from probation. Defendant then was resentenced, in accordance with the plea bargain, to a prison term of 1 to 3 years. This appeal followed.
We affirm. Contrary to defendant's argument, we do not find the resentence to be harsh and excessive. The record indicates that defendant was unable to comply with the terms of his probation despite repeated opportunities to do so ( see People v. Harrison, 93 A.D.3d 995, 939 N.Y.S.2d 890 [2012],lv. denied19 N.Y.3d 961, 950 N.Y.S.2d 113, 973 N.E.2d 211 [2012] ). Consequently, we find no abuse of discretion or extraordinary circumstances warranting a reduction of the resentence in the interest of justice ( see People v. Kornell, 85 A.D.3d 1449, 1449–1450, 926 N.Y.S.2d 191 [2011],lv. denied17 N.Y.3d 860, 932 N.Y.S.2d 25, 956 N.E.2d 806 [2011];People v. Savage, 72 A.D.3d 1292, 897 N.Y.S.2d 921 [2010] ).
ORDERED that the judgment is affirmed.