THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. NA FARAN SCOTT DEFENDANT APPELLANT (2023)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. NA'FARAN SCOTT, DEFENDANT-APPELLANT.

962 Decided: February 03, 2023

PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, BANNISTER, AND MONTOUR, JJ.

ERIK TEIFKE, ACTING PUBLIC DEFENDER, ROCHESTER (CLEA WEISS OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment revoking the sentence of probation imposed on his conviction, by plea of guilty, of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]), and sentencing him to a term of incarceration. We affirm. While on probation, defendant was charged with criminal possession of a weapon in the second degree, among other offenses, resulting in a violation petition being filed against him. The petition alleged other violations as well, including the failure to report to his probation officer. Defendant thereafter admitted that he violated the terms and conditions of probation in return for dismissal of the new charges and a promised sentence. Supreme Court imposed the promised sentence, which defendant now contends is unduly harsh and severe.

Based on our review of the record, we perceive no basis to exercise our power to modify the negotiated sentence as a matter of discretion in the interest of justice (see CPL 470.15 [6] [b]).

Entered: February 3, 2023

Ann Dillon Flynn

Clerk of the Court

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