Appellate Division of the Supreme Court of New York, 2014

People v. Miller

Appellate Division of the Supreme Court of New York · Decided January 16, 2014

113 A.D.3d 935; 978 N.Y.2d 475

Cases that cite this one

11 later published cases cite this decision.

People v. Mahl (Appellate Division of the Supreme Court of New York 2016)
People v. Luciano (Appellate Division of the Supreme Court of New York 2017)
People v. Luciano (Appellate Division of the Supreme Court of New York 2017)
People v. Nelson (Appellate Division of the Supreme Court of New York 2015)
PeoplevProvenzano (Appellate Division of the Supreme Court of New York 2014)
PeoplevTerry (Appellate Division of the Supreme Court of New York 2014)
People v. O'Brien (Appellate Division of the Supreme Court of New York 2014)
People v. Provenzano (Appellate Division of the Supreme Court of New York 2014)
People v. Provenzano (Appellate Division of the Supreme Court of New York 2014)
People v. Terry (Appellate Division of the Supreme Court of New York 2014)
People v. Terry (Appellate Division of the Supreme Court of New York 2014)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Defendant pleaded guilty to the crime of burglary in the third degree, and County Court deferred sentencing while she participated in the drug treatment court program. After defend*936ant twice failed to complete the required treatment, she was terminated from the program and the court sentenced her to time served plus five years of probation. Defendant thereafter pleaded guilty to violating the terms of her probation. Although County Court adjourned sentencing to give defendant one more chance at drug treatment, she absconded before she could be admitted to a program. County Court thereafter sentenced defendant to 2 to 6 years in prison. Although defendant now argues on appeal that the sentence is harsh and excessive, we find no abuse of discretion or extraordinary circumstances warranting a reduction in the interest of justice (see People v Egloff, 107 AD3d 1242, 1242 [2013]; People v Campbell, 79 AD3d 1458, 1459 [2010], lv denied 16 NY3d 829 [2011]).

Rose, J.R, Lahtinen, McCarthy and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.