Opinion
108704
11-15-2018
The PEOPLE of the State of New York, Respondent, v. Michael MARCHESE, Appellant.
Dominic J. Cornelius, Public Defender, Hudson (Jessica Howser of counsel), for appellant. Paul Czajka, District Attorney, Hudson (Krista Kline of counsel), for respondent.
Dominic J. Cornelius, Public Defender, Hudson (Jessica Howser of counsel), for appellant.
Paul Czajka, District Attorney, Hudson (Krista Kline of counsel), for respondent.
Before: Egan Jr., J.P., Devine, Clark, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDER
In April 2013, defendant pleaded guilty to various alcohol-related crimes and received a split sentence of six months in jail followed by five years of probation. Following his release from custody in July 2013, defendant failed to apprise the local Probation Department of a change in address, and he was declared delinquent. Defendant remained at liberty until April 2016, when he turned himself in on a bench warrant. After being advised of his maximum potential sentencing exposure, defendant waived a hearing and admitted that he violated the terms and conditions of his probation. County Court thereafter revoked defendant's probation and imposed a prison term of 1 to 3 years, prompting this appeal.
Contrary to the People's assertion, defendant's release to parole does not render this appeal moot, as defendant remains subject to parole supervision until his maximum expiration date is reached (see People v. Pixley , 150 A.D.3d 1555, 1555 n. 2, 56 N.Y.S.3d 578 [2017], lv denied 30 N.Y.3d 952, 67 N.Y.S.3d 136, 89 N.E.3d 526 [2017] ; People v. Guyett , 137 A.D.3d 1329, 1329, 25 N.Y.S.3d 909 [2016] ). That said, upon reviewing the record and taking into account defendant's criminal history and conduct while on probation, we find no extraordinary circumstances or abuse of discretion warranting a modification of the sentence in the interest of justice (see People v. Guyett , 137 A.D.3d at 1329–1330, 25 N.Y.S.3d 909 ; People v. Vallance , 137 A.D.3d 1327, 1328, 25 N.Y.S.3d 908 [2016] ).
Egan Jr., J.P., Devine, Clark, Aarons and Rumsey, JJ., concur.
ORDERED that the judgment is affirmed.