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PEOPLE v. JOHNSTON

Appellate Division of the Supreme Court of New York, Third Department.
Oct 1, 1992

Defendant's only argument on appeal is that the 1 1/3 to 4-year prison sentence he received upon the revocation of his probation was harsh and excessive. Given defendant's admitted failure to comply with the terms of his probation, including relocation to a different State without permission of County Court or the Probation Department and failure to satisfactorily comply with community service requirements or to cooperate in a substance abuse treatment program, we find no reason to disturb the sentence imposed by County Court (see, People v Nazarian, 150 A.D.2d 923, lv denied 74 N.Y.2d 744).

Weiss, P.J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.