People v Daniel T. Chaires, Jr.

People v Chaires 2003 NY Slip Op 18092 [1 AD3d 630] November 6, 2003 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 28, 2004

The People of the State of New York, Respondent,
v
Daniel T. Chaires, Jr., Appellant.

—Appeal from a judgment of the County Court of Madison County (Humphreys, J.), rendered May 16, 2000, which revoked defendant's probation and imposed a sentence of imprisonment.

Defendant pleaded guilty to the crime of rape in the second degree and was sentenced to six months in jail and five years' probation. Three months into his probation, he admitted to violating the terms of his probation and was reinstated to probation. Thereafter, a second violation of probation petition was filed against defendant. Following a hearing, he was found to have violated the terms of his probation and County Court resentenced him to a prison term of 2 to 6 years. Defendant challenges the sentence as harsh and excessive. Our review of the record reveals no abuse of discretion on the part of the court nor do we find extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Corpin, 269 AD2d 622 [2000], lv denied 95 NY2d 795 [2000]).

Cardona, P.J., Peters, Spain, Rose and Kane, JJ., concur. Ordered that the judgment is affirmed.