People v. Fuller

• Decision Date: 05 December 2019
• Docket Number: 110240B
• Citation: 111 N.Y.S.3d 567 (Mem),178 A.D.3d 1151
• Parties: The PEOPLE of the State of New York, Respondent, v. Joshua B. FULLER, Appellant.
• Court: New York Supreme Court — Appellate Division

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

178 A.D.3d 1151

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

178 A.D.3d 1152

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...