People v. Fuller, 110240B
| Court | New York Supreme Court Appellate Division |
| Citation | 111 N.Y.S.3d 567 (Mem),178 A.D.3d 1151 |
| Docket Number | 110240B |
| Parties | The PEOPLE of the State of New York, Respondent, v. Joshua B. FULLER, Appellant. |
| Decision Date | 05 December 2019 |
178 A.D.3d 1151
111 N.Y.S.3d 567 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
Joshua B. FULLER, Appellant.
110240B
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: November 8, 2019
Decided and Entered: December 5, 2019
Teresa C. Mulliken, Harpersfield, for Appellant.
Stephen K. Cornwell, District Attorney, Binghamton (Stephen D. Ferri of counsel), for Respondent.
Before: Garry, P.J., Clark, Devine and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Broome County (Dooley, J.), rendered March 30, 2018, which revoked defendant's probation and imposed a sentence of imprisonment.
In July 2017, defendant pleaded guilty to grand larceny in the third degree and was sentenced to five years of probation. Thereafter, defendant was charged with, and ultimately admitted to, violating various conditions of his probation. County Court then revoked defendant's probation and imposed a sentence of 2 to 7 years in prison. Upon the initial appeal of this matter, we rejected counsel's Anders brief, withheld decision and assigned new counsel to address at least one issue of
arguable merit pertaining to the harshness of the sentence imposed ( 171 A.D.3d 1258, 95 N.Y.S.3d 900 [2019] ).
We are unpersuaded by defendant's contention that the resentence following the revocation of probation is harsh and excessive. We note that defendant agreed to admit to violating the terms of his probation in exchange for the sentence imposed. The record reflects that defendant exhibited complete contempt for all of the conditions of probation — admitting that he failed to notify probation about police contact in connection with a domestic violence incident, failed to attend and was unsuccessfully discharged from a recommended counseling and treatment program, tested positive for drugs and failed to make restitution payments. In imposing the resentence, County Court noted...
To continue reading
Request your trial
-
People v. Williams
...challenge to the fairness of the sentence (see People v. Loffler, 178 A.D.3d 1152, 1153, 111 N.Y.S.3d 569 [2019] ; People v. Barragan, 178 A.D.3d at 1151, 115 N.Y.S.3d 497 ). Under these circumstances, and as we discern no other infirmities in the waiver (compare People v. Thomas, 34 N.Y.3d......
-
People v. Barragan
...proceeding, County Court advised defendant that the waiver of the right to appeal was a condition of the plea agreement, and defendant 178 A.D.3d 1151 indicated that she understood the terms of the plea agreement (see 115 N.Y.S.3d 498 People v. White, 172 A.D.3d 1822, 1823, 101 N.Y.S.3d 519......
-
In re Gordon, PM–215–19
...relation thereto, or to hold herself out in any way as an attorney and counselor-at-law in this State; and it is further 178 A.D.3d 1195111 N.Y.S.3d 567 ORDERED that Jillian Grace Gordon shall, within 30 days of the date of this decision, surrender to the Office of Court Administration any ......