| People v Thomason |
| 2017 NY Slip Op 08553 [156 AD3d 953] |
| December 7, 2017 |
| 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 Ryan E. Thomason, Appellant. |
Susan Patnode, Rural Law Center of New York, Castleton (Kelly L. Egan of counsel), for appellant.
Mary E. Rain, District Attorney, Canton (Matthew L. Peabody of counsel), for respondent.
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered October 21, 2015, which revoked defendant's probation and imposed a term of imprisonment.
In satisfaction of a 12-count indictment, defendant pleaded guilty to the reduced charge of
attempted burglary in the second degree and waived his right to appeal and, thereafter, was
sentenced, in January 2012, to five years of probation. In January 2014, defendant was charged
with violating various terms of his probation, including using marihuana and alcohol. Defendant
admitted to violating the terms of his probation and was afforded two resentencing options: (1) if
he successfully participated in a drug treatment program, he would continue probation with the
understanding that, if he was unsuccessful, he would be sentenced to the maximum prison term
of seven years; (2) the imposition of a 2
We are unpersuaded by defendant's contention that the negotiated sentence imposed was
harsh and excessive. Defendant was provided with a sentencing option and chose participation
[*2]in a drug treatment program with a sentence of probation
upon successful completion. He was repeatedly informed that his failure to successfully complete
the drug treatment program would result in a prison term of seven years followed by three years
of postrelease supervision. Notwithstanding defendant's lack of criminal history and his
substance abuse issues, we do not find that County Court abused its discretion in imposing a
prison term of 6
Peters, P.J., Rose, Devine, Clark and Pritzker, JJ., concur. Ordered that the judgment is affirmed.