People v Beach |
2014 NY Slip Op 02109 [115 AD3d 1117] |
March 27, 2014 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v David W. Beach, Appellant. |
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Gwen Wilkinson, District Attorney, Ithaca (Gary U. Surdell of counsel), for
respondent.
Egan Jr., J. Appeal from a judgment of the County Court of Tompkins County (Rowley, J.), rendered March 30, 2012, which revoked defendant's probation and imposed a sentence of imprisonment.
In 2009, defendant pleaded guilty to driving while intoxicated as a felony and was
sentenced to five years of probation. Following a failed drug test in 2012, defendant
pleaded guilty to violating the terms of his probation, and his probation was revoked.
County Court then resentenced defendant to 2
We affirm. Absent evidence of an appropriate postallocution motion, defendant's claim that he was denied the effective assistance of counsel is unpreserved for our review (see People v Alexander, 110 AD3d 1111, 1112 [2013]). Further, in light of defendant's well-documented history of alcohol abuse and his extensive criminal history, including six felony driving while intoxicated convictions, we cannot say that the sentence imposed is harsh or excessive (see People v Egloff, 107 AD3d 1242, 1242 [2013]; People v Oehler, 52 AD3d 955, 957 [2008], lv denied 11 NY3d 792 [2008]).
Peters, P.J., Lahtinen and Rose, JJ., concur. Ordered that the judgment is affirmed.