People v Vince M.F.
2020 NY Slip Op 02420 [182 AD3d 1042]
April 24, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 3, 2020


[*1]
 The People of the State of New York, Respondent,
v
Vince M.F., Appellant.

Adam H. Vanbuskirk, Auburn, for defendant-appellant.

Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of counsel), for respondent.

Appeal from an adjudication of the Cayuga County Court (Thomas G. Leone, J.), rendered February 28, 2019. The adjudication revoked defendant's sentence of probation and imposed a sentence of imprisonment.

It is hereby ordered that the adjudication so appealed from is unanimously affirmed.

Memorandum: Defendant was adjudicated a youthful offender based upon his plea of guilty to sexual abuse in the first degree (Penal Law § 130.65 [3]). Defendant admitted to a first violation of probation when he was arrested for criminal possession of stolen property, and was restored to probation. Defendant then admitted to a second violation of probation for alcohol and marihuana use, and he now appeals from an adjudication that revoked his probation and sentenced him to an indeterminate term of 11/3 to 4 years' imprisonment. Contrary to defendant's contention, the sentence is not unduly harsh or severe. Present—Whalen, P.J., Centra, Peradotto, Winslow and Bannister, JJ.