People v Brand

People v Brand 2012 NY Slip Op 07721 Decided on November 15, 2012 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: November 15, 2012
104575

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

v

DAVID BRAND, Appellant.

Calendar Date: September 26, 2012
Before: Rose, J.P., Lahtinen, Stein, McCarthy and Garry, JJ.


Lisa A. Burgess, Indian Lake, for appellant.
Derek P. Champagne, District Attorney, Malone
(Glenn MacNeill of counsel), for respondent.


MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered May 27, 2011, which revoked defendant's probation and imposed a sentence of imprisonment.

Following defendant's plea of guilty to the crime of driving while intoxicated, he was sentenced to five years of probation. Thereafter, a petition alleging a violation of probation was filed against defendant. After defendant entered an admission to violating the terms and conditions of his probation, County Court revoked defendant's probation and sentenced him, in accordance with the plea agreement, to a prison term of 1⅔ to 5 years. Defendant now appeals.

We affirm. Defendant's sole argument on appeal is that his resentence is harsh and excessive. We are unpersuaded. The record demonstrates that defendant has a lengthy criminal history and that he failed to maintain his sobriety or follow through with treatment programs despite repeated opportunities to do so (see People v Ebert, 81 AD3d 1042 [2011], lv denied 17 NY3d 794 [2011]). Under the circumstances, we find no abuse of discretion or extraordinary [*2]circumstances warranting a reduction of the resentence in the interest of justice (see People v Setzer, 83 AD3d 1123, 1123 [2011]).

Rose, J.P., Lahtinen, Stein, McCarthy and Garry, JJ., concur.

ORDERED that the judgment is affirmed.