THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. VINCE DEFENDANT APPELLANT (2020)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. VINCE M.F., DEFENDANT–APPELLANT.

KA 19–00588

Decided: April 24, 2020

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, WINSLOW, AND BANNISTER, JJ.

ADAM H. VANBUSKIRK, AUBURN, FOR DEFENDANT–APPELLANT. JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

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 to sexual abuse in the first degree (Penal Law § 130.65[3] ). Defendant admitted to a first violation of probation when he was arrested for criminal possession of stolen property, and was restored to probation. Defendant then admitted to a second violation of probation for alcohol and marihuana use, and he now appeals from an adjudication that revoked his probation and sentenced him to an indeterminate term of 11/313 to 4 years' imprisonment. Contrary to defendant's contention, the sentence is not unduly harsh or severe.

Mark W. Bennett

Clerk of the Court

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