People v. Passalia

• Decision Date: 30 December 1992
• Parties: PEOPLE of the State of New York, Respondent, v. Anthony PASSALIA, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 189

592 N.Y.S.2d 189

188 A.D.2d 1084

PEOPLE of the State of New York, Respondent, v. Anthony PASSALIA, Appellant.

Supreme Court, Appellate Division,

Fourth Department.

Dec. 30, 1992.

Frank J. Nebush, Jr. by Esther Lee, Utica, for appellant.

Barry M. Donalty by Scott McNamara, Utica, for respondent.

Before DENMAN, P.J., and BOOMER, GREEN and BALIO and DAVIS, JJ.

MEMORANDUM:

Defendant testified that he packed his bags and left St. Joseph's Rehabilitation Center in Saranac Lake, N.Y., after one day; that he knew the conditions of probation required that he complete the rehabilitation program offered there; and that he failed to complete that program. That testimony constituted competent legal evidence sufficient to support the determination that defendant violated probation (see, People v. Styles, 175 A.D.2d 961, 573 N.Y.S.2d 541; appeal denied, 79 N.Y.2d 923, 582 N.Y.S.2d 83, 590 N.E.2d 1211). Although County Court made a general statement that it discredited defendant's testimony, that reference obviously did not apply to the testimony described above, which was consistent with the court's factual findings in support of its determination.

Defendant was resentenced to the minimum indeterminate term of one to three years for felony driving while intoxicated and to a concurrent definite term of one year for assault in the third degree. That sentence is not harsh or excessive.

Judgment unanimously affirmed.