Opinion
108043
02-08-2018
The PEOPLE of the State of New York, Respondent, v. George J. SINDONI, Appellant.
Aaron A. Louridas, Delmar, for appellant. Kirk O. Martin, District Attorney, Owego (Palmer J. Pelella of counsel), for respondent.
Aaron A. Louridas, Delmar, for appellant.
Kirk O. Martin, District Attorney, Owego (Palmer J. Pelella of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Devine and Clark, JJ.
MEMORANDUM AND ORDER
Devine, J.Appeal from a judgment of the County Court of Tioga County (Smith, J.), rendered April 3, 2015, which revoked defendant's probation and imposed a sentence of imprisonment.
In 2010, defendant pleaded guilty to attempted burglary in the second degree with the understanding that, if he successfully completed drug treatment court, he would be sentenced to five years of probation. In 2012, despite failing to complete drug treatment court, defendant was sentenced to five years of probation. In 2014, defendant admitted to violating his probation by, among other things, failing to complete substance abuse treatment. County Court adjourned sentencing on more than one occasion to provide defendant with an opportunity to complete a treatment program and warned defendant that he risked a prison sentence if he failed to do so. In 2015, defendant was again discharged from substance abuse treatment prior to completing the program. County Court revoked his probation and resentenced him to five years in prison and three years of postrelease supervision. Defendant now appeals.
We affirm. Defendant's sole contention on appeal—that the resentence is harsh and excessive—is unpersuasive. Initially, the fact that his codefendant may have received a lesser sentence does not warrant a modification of the resentence (see People v. Foli, 145 A.D.3d 1322, 1323, 42 N.Y.S.3d 871 [2016], lv denied 29 N.Y.3d 1031, 62 N.Y.S.3d 300, 84 N.E.3d 972 [2017] ; People v. Irizarry, 289 A.D.2d 875, 876, 734 N.Y.S.2d 518 [2001] ). Further, defendant understood that the crime to which he pleaded guilty carried a potential sentence of up to seven years in prison. He was thereafter provided several opportunities to avoid prison and squandered them. Under these circumstances, we find no abuse of discretion or extraordinary circumstances warranting a reduction of the resentence in the interest of justice (see People v. Mahl, 143 A.D.3d 1042, 1043, 38 N.Y.S.3d 848 [2016] ; People v. McGregor, 119 A.D.3d 1235, 1236, 989 N.Y.S.2d 404 [2014], lv denied 25 N.Y.3d 991, 10 N.Y.S.3d 534, 32 N.E.3d 971 [2015] ).
ORDERED that the judgment is affirmed.
Garry, P.J., Egan Jr., Lynch and Clark, JJ., concur.