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PEOPLE v. BARKLEY

Appellate Division of the Supreme Court of New York, Third Department.
Dec 27, 2001
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MEMORANDUM AND ORDER

In January 2001, defendant pleaded guilty to the crime of attempted criminal possession of a forged instrument in the second degree and was thereafter sentenced to five years' probation, which included a term of 180 days in the electronic home monitoring program. In April 2001, defendant pleaded guilty to violating the terms of her probation by failing to adhere to the conditions of the electronic home monitoring program. County Court revoked defendant's probation and sentenced her to an indeterminate term of 1 to 3 years in prison. Defendant appeals.

In light of defendant's extensive criminal history and inability to abide by the conditions of probation, we are unpersuaded by her assertion that the sentence imposed was harsh and excessive (see, People v. Medinilla, 279 A.D.2d 891, lv denied 96 N.Y.2d 803; People v. Millard, 279 A.D.2d 807, 808, lv denied 96 N.Y.2d 803). Moreover, our review of the record reveals no extraordinary circumstances to warrant a reduction of the sentence imposed in the interest of justice (see, People v. Dolphy, 257 A.D.2d 681, 685, lv denied 93 N.Y.2d 872).

Cardona, P.J., Peters, Spain, Rose and Lahtinen, JJ., concur.

ORDERED that the judgment is affirmed.