| People v Rivers |
| 2015 NY Slip Op 05712 [130 AD3d 1092] |
| July 2, 2015 |
| 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 Terry L. Rivers, Appellant. |
G. Scott Walling, Schenectady, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), for respondent.
Appeal from a judgment of the County Court of Clinton County (Ryan, J.), rendered August 13, 2013, which revoked defendant's probation and imposed a sentence of imprisonment.
In 2005, defendant was convicted of two counts of grand larceny in the fourth degree
and was sentenced to five years of probation. He was subsequently charged with
violating the conditions of his probation after he went to Texas on a one-month pass and
neither returned nor reported to his probation officer. A warrant was issued for his arrest
and he was eventually returned to New York in 2013. Defendant admitted to the
probation violations and his probation was revoked. County Court then sentenced him to
concurrent terms of 1
Defendant's sole contention is that his sentence is harsh and excessive. Based upon our review of the record, we disagree. Defendant has many prior criminal convictions and he admitted to violating his probation without any promise being made as to the sentence that would be imposed. Furthermore, he absconded from the jurisdiction and remained in Texas until 2013, [*2]more than six years afer the declaration of delinquency was issued. In view of the foregoing and even though defendant received the maximum sentence for a class E felony (see Penal Law § 70.00 [2] [e]; [3] [b]), we find no extraordinary circumstances nor any abuse of discretion warranting a reduction of the sentence in the interest of justice (see People v Lowe, 53 AD3d 982, 983 [2008]; People v Ciarleglio, 299 AD2d 571, 572 [2002]).
Garry, J.P., Egan Jr., Lynch and Devine, JJ., concur. Ordered that the judgment is affirmed.