PEOPLE v. STERLING (1999)

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

The PEOPLE of the State of New York, Respondent, v. Shawn J. STERLING, Appellant.

Decided: January 28, 1999

Before: CARDONA, P.J., CREW III, YESAWICH Jr., PETERS and GRAFFEO, JJ.

Robert M. O'Leary, Public Defender (William L. Brown of counsel), Binghamton, for appellant. Gerald F. Mollen, District Attorney (Joann Rose Parry of counsel), Binghamton, for respondent.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered February 2, 1998, which revoked defendant's probation and imposed a sentence of imprisonment.

In August 1995, defendant was sentenced to, inter alia, five years' probation upon his plea of guilty of the crime of attempted burglary in the second degree in satisfaction of a four-count indictment. After defendant was arrested in South Carolina and convicted of burglary and petit larceny charges, he was charged with violating the terms of his probation and returned to Broome County. Upon his plea of guilty to violating the terms of his probation, County Court revoked defendant's probation and sentenced him to a prison term of 2 to 6 years in accordance with a plea agreement. Inasmuch as we perceive no extraordinary circumstances warranting our intervention, we find the sentence neither harsh nor excessive (see, People v. Dalton, 247 A.D.2d 656, 668 N.Y.S.2d 950).

ORDERED that the judgment is affirmed.

MEMORANDUM DECISION.

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