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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DARRYL P., DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the adjudication so appealed from is unanimously affirmed.
Memorandum: Defendant was adjudicated a youthful offender based upon his plea of guilty of aggravated criminal contempt (Penal Law § 215.52) and was sentenced to five years of probation. Defendant appeals from an adjudication revoking the sentence of probation and sentencing him to an indeterminate term of 1 to 3 years of incarceration. Contrary to the People's contention, we conclude that this appeal is not moot (cf. People v. Mackey, 79 AD3d 1680, 1681, lv denied 16 NY3d 860).
Contrary to defendant's contention, County Court did not abuse its discretion in denying his request for an adjournment (see People v. Aikey, 94 AD3d 1485, 1486, lv denied 19 NY3d 956). Contrary to defendant's further contention, the determination of the court that he violated the terms of his probation is not against the weight of the evidence (see People v. Garries, 299 A.D.2d 858, 858, lv denied 99 N.Y.2d 558; see generally People v. Bleakley, 69 N.Y.2d 490, 495).
Frances E. Cafarell
Clerk of the Court
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Docket No: KA 10–01178
Decided: April 26, 2013
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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