PEOPLE v. WEIDOW

107825.

2017 NY Slip Op 03995

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS W. WEIDOW, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.


Attorney(s) appearing for the Case

Donna C. Chin , Ithaca, for appellant.

Stephen K. Cornwell, Jr. , Binghamton ( Torrance L. Schmitz of counsel), for respondent.

Before: Garry, J.P., Egan Jr., Lynch, Clark and Aarons, JJ.


Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered April 23, 2014, which revoked defendant's probation and imposed a sentence of imprisonment.

MEMORANDUM AND ORDER

In 2011, defendant waived indictment and pleaded guilty to a reduced charge of rape in the third degree. He was sentenced to 10 years of probation. In 2014, defendant was charged with violating the terms of his probation as a result of being unsuccessfully discharged from his drug treatment program. Thereafter, County Court resentenced defendant to 1½ years in prison followed by 10 years of postrelease supervision. Defendant appeals.

Defendant's sole contention on appeal is that the imposition of the maximum period of postrelease supervision was harsh and excessive. We disagree. Given the nature of the underlying crime and the inability of defendant to abide by the terms of his probation, we find no abuse of discretion by County Court nor the existence of any extraordinary circumstances that would warrant a reduction of the period of postrelease supervision in the interest of justice (see People v Colon, 136 A.D.3d 471, 472 [2016], lvs denied 27 N.Y.3d 904, 1067 [2016]; People v Watson, 115 A.D.3d 1016, 1017 [2014], lv denied 24 N.Y.3d 965 [2014]).

Garry, J.P., Egan Jr., Lynch, Clark and Aarons, JJ., concur.

ORDERED that the judgment is affirmed.


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