PEOPLE v. TUCKER (2000)

 Defendant appeals from a judgment of Monroe County Court finding that he violated the conditions of probation imposed on his 1996 conviction of sexual abuse by leaving the jurisdiction without permission and committing new crimes of child sexual abuse of which he was convicted in Ontario County Court.   In revoking probation, Monroe County Court sentenced defendant to an indeterminate term of incarceration of 2 1/313 to 7 years, to run consecutively to the term of incarceration of 3 1/212 to 7 years imposed by Ontario County Court on the new crimes.   Contrary to defendant's contention, the People presented ample proof at the violation hearing that defendant and the Oscar Tucker convicted in Ontario County are the same individual (see, People v. Richards, 266 A.D.2d 714, 698 N.Y.S.2d 785;  People v. Rattelade, 226 A.D.2d 1107, 642 N.Y.S.2d 1, lv. denied 88 N.Y.2d 992, 649 N.Y.S.2d 399, 672 N.E.2d 625;  People v. Dugan, 188 A.D.2d 927, 928, 592 N.Y.S.2d 117, lv. denied 81 N.Y.2d 839, 595 N.Y.S.2d 738, 611 N.E.2d 777;  cf., People v. Van Buren, 82 N.Y.2d 878, 609 N.Y.S.2d 170, 631 N.E.2d 112).   The sentence is not unduly harsh or severe in view of defendant's age, criminal history, violation of probation, and new crimes.   Finally, the revocation of probation and imposition of a more severe sentence did not place defendant in double jeopardy (see, United States v. DiFrancesco, 449 U.S. 117, 137, 101 S.Ct. 426, 66 L.Ed.2d 328;  People v. Miles, 192 A.D.2d 781, 596 N.Y.S.2d 482, lv. denied 82 N.Y.2d 723, 602 N.Y.S.2d 820, 622 N.E.2d 321;  People v. Johnson, 159 A.D.2d 725, 726, 553 N.Y.S.2d 206).

Judgment unanimously affirmed.

MEMORANDUM: