People v Wheeler
2008 NY Slip Op 05393 [52 AD3d 948]
June 12, 2008
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


The People of the State of New York, Respondent, v Matthew E. Wheeler, Appellant.

[*1] Mark J. Gaylord, Schenectady, for appellant.

John M. Muehl, District Attorney, Cooperstown (John F. Lambert of counsel), for respondent.

Appeal from a judgment of the County Court of Otsego County (Coccoma, J.), rendered June 26, 2006, which revoked defendant's probation and imposed a sentence of imprisonment.

While serving a five-year term of probation for his conviction of driving while intoxicated, defendant—following an evidentiary hearing—was found guilty of violating the conditions of his probation by getting arrested for driving while intoxicated. Consequently, County Court revoked defendant's probation and resentenced him to 11/3 to 4 years in prison. Defendant now appeals, contending that his resentence is harsh and excessive. We disagree and affirm. Having reviewed the record, we cannot conclude that County Court abused its discretion in imposing the maximum term of imprisonment, nor do we find any extraordinary circumstances warranting a reduction of the resentence in the interest of justice (see People v Mazzara, 49 AD3d 918 [2008]).

Spain, J.P., Carpinello, Rose, Kavanagh and Stein, JJ., concur. Ordered that the judgment is affirmed.