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The People of the State of New York v. Christopher R. Baker

State of New York Supreme Court, Appellate Division Third Judicial Department


February 2, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
CHRISTOPHER R. BAKER, APPELLANT.

Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered April 14, 2008, which revoked defendant's probation and imposed a sentence of imprisonment.

MEMORANDUM AND ORDER

Calendar Date: December 12, 2011

Before: Mercure, Acting P.J., Lahtinen, Spain, Kavanagh and McCarthy, JJ.

The facts of this case are set forth in our previous decision wherein we denied an Anders brief, withheld decision and assigned new counsel to address the severity of the sentence as well as any other non-frivolous issues disclosed by the record (82 AD3d 1352 [2011]). We now address defendant's argument that the resentence of 1 to 3 years in prison imposed on his conviction of the crime of attempted sexual abuse in the first degree is harsh and excessive. Upon our review of the record, we find that it is not. Defendant was originally sentenced to probation, but twice violated its terms and continued to have contact with children under the age of 17 even though such contact was prohibited. In view of this, as well as the disturbing nature of the conduct underlying the crime for which he was convicted, we find no extraordinary circumstances nor any abuse of discretion warranting a reduction of the resentence in the interest of justice (see People v Goodband, 291 AD2d 584, 584-585 [2002]; People v Rousseau, 245 AD2d 915, 916 [1997]).

Mercure, Acting P.J., Lahtinen, Spain, Kavanagh and McCarthy, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court

20120202

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