The People of the State of New York are the respondents of this case. S.H. is the appellant. The case is being heard in the Appellate Division of the Supreme Court of the State of New York, Second Department. The defendant is appealing an amended judgment from the County Court of Suffolk County that revoked a sentence of probation that had been previously imposed by the same court.
A New York Criminal Lawyer said the defendant pleaded guilty to a charge of burglary in the third degree on the 12th of March, 2003. He was sentenced by the County Court to a term of six months in the Suffolk County Correctional Facility. This was to be followed by five years of probation. There were terms set for his probation that included that he report as directed to his probation officer, submit to drug testing, and make reparations in the amount of $1000 plus a 5% surcharge to be paid to the Probation Department of Suffolk County.
On the 29th of March, the County Court held a hearing regarding the allegations that the defendant had violated certain conditions of his probation. At the end of the hearing the County Court found that the defendant was in violation of his probation as he had failed to report to his probation officer on 10 different occasions, did not complete a drug treatment program, and did not pay the required restitution. It was also found that he was using controlled substances.
For the violations of his probation, the County Court revoked his probation sentence and imposed a sentence of imprisonment for the previous conviction of the defendant for burglary in the third degree.
Court Discussion and Decision
A New York Criminal Lawyer said the defendant argues that the imposed sentence by the court is excessive and is appealing the decision of the court to revoke his probation.
A hearing was held in regard to the matter of the defendant violating his probation. When the defendant was sentenced for the crime of burglary in the third degree he agreed to certain terms in regard to his probation. These included reporting to his parole officer. It was found that the failed to do this on at least ten occasions. The defendant was instructed to enroll in a drug treatment program, which he also failed to do. He also agreed to random drug tests, which he also failed.
The record establishes that the defendant violated his probation on numerous occasions, has a long criminal history, a long family history. A New York Drug Possession Lawyer said the County Court made the correct decision when they revoked his probation. Furthermore, the new sentence for the crime of burglary in the third degree is within the statutory parameters of the Penal Law in regard to the crime that was committed.
The court is denying the appeal that is made by the defendant in this case. The ruling from the County Court of Suffolk County to revoke the probation sentence is confirmed and the current sentence stands.
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