People v Beach

People v Beach 2015 NY Slip Op 02520 Decided on March 26, 2015 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: March 26, 2015
106094

[*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v

BRENT . BEACH, Appellant.

Calendar Date: February 11, 2015
Before: Peters, P.J., Garry, Rose and Lynch, JJ.

Barry J. Jones, Hudson Falls, for appellant.

Glenn MacNeill, Acting District Attorney, Malone, for respondent.

Garry, J.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Franklin County (Main Jr., J.) entered February 20, 2013, which revoked defendant's probation and imposed a sentence of imprisonment.

Following defendant's plea of guilty to the crime of criminal mischief in the third degree, he was sentenced to 180 days in jail and five years of probation. Thereafter, defendant admitted to violating two of the conditions of his probation. County Court revoked defendant's probation and sentenced him to 1 to 3 years in prison. Defendant now appeals.

We affirm. Defendant's sole contention on appeal is that his sentence is harsh and excessive. We disagree. The record establishes that defendant has a lengthy criminal record and has

demonstrated an inability to comply with the conditions of his probation. Under these circumstances, we find no abuse of discretion or any extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Smurphat, 91 AD3d 980, 981 [2012], lv denied 18 NY3d 962 [2012]; People v Rowland, 11 AD3d 825, 825-826 [2004]).

Peters, P.J., Rose and Lynch, JJ., concur.

ORDERED that the judgment is affirmed.