State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: July 17, 2014 105736 

________________________________

THE PEOPLE OF THE STATE OF

NEW YORK,

Respondent,

v MEMORANDUM AND ORDER

SKELLY A. CROWELL,

Appellant.

________________________________

Calendar Date: June 6, 2014

Before: Lahtinen, J.P., Stein, Egan Jr., Devine and Clark, JJ.

__________

John A. Cirando, Syracuse, for appellant.

Mary E. Rain, District Attorney, Canton (Patricia C.

Campbell of counsel), for respondent.

__________

Lahtinen, J.P.

Appeal from a judgment of the County Court of St. Lawrence

County (Richards, J.), rendered January 7, 2013, which revoked

defendant's probation and imposed a sentence of imprisonment.

Upon his guilty plea to failing to register as a sex

offender (see Correction Law §§ 168-f, 168-t), defendant was

sentenced to five years of probation on August 27, 2012. 

Thereafter a violation of probation petition was filed and, on

December 20, 2012, defendant admitted to all of the alleged

probation violations and was remanded to jail for a treatment

evaluation. It was agreed that if the treatment evaluation

recommended inpatient treatment, defendant would be released for

such treatment and, if successful, be eligible to be placed back

on extended probation. However, if outpatient treatment were
-2- 105736 

recommended, County Court informed defendant that it would impose

a prison sentence of up to four years. After a recommendation

for inpatient treatment, the court ordered defendant's release to

the supervision of the St. Lawrence County Probation Department

on the condition that he admit himself to inpatient treatment and

successfully complete treatment. On January 4, 2013, a uniform

court report was submitted to the court alleging that defendant

had violated the conditions of his release by being

administratively discharged that day from the treatment center

for sexually harassing another patient. At sentencing, after

defendant acknowledged that he failed to comply with the

condition of release that required him to successfully complete

inpatient treatment, County Court vacated defendant's probation

and sentenced him to a prison term of 1a to 4 years. Defendant

appeals. 

We affirm. To the extent that defendant's contention that

his admissions to the allegations contained in the violation of

probation petition were not voluntary, knowing or intelligent is

preserved, the record reflects that defendant's counseled

admissions were freely entered, after advisement of his rights,

an opportunity to confer with his counsel and an explicit waiver

of his right to a hearing (see People v Diaz, 26 AD3d 644, 645

[2006], lv denied 7 NY3d 755 [2006]). Defendant's admitted

failure to successfully complete inpatient treatment established

a breach of that condition of release and supports the sentencing

court's imposition of the enhanced sentence (see People v Outley,

80 NY2d 702, 712-713 [1993]; People v McDevitt, 97 AD3d 1039,

1040-1041 [2012], lv denied 20 NY3d 987 [2012]). Defendant's

argument that an updated presentence investigation report was

required before resentencing him to prison is not preserved (see

People v Alexander, 110 AD3d 1111, 1111-1112 [2013], lv denied 22

NY3d 1154 [2014]; People v Warriner, 98 AD3d 1190, 1191 [2012]),

and we find no abuse of discretion or extraordinary circumstances

to warrant a reduction of the sentence (see People v Alexander,

110 AD3d at 1112; People v Haddock, 80 AD3d 885, 887 [2011], lv

denied 16 NY3d 831 [2011]).

Stein, Egan Jr., Devine and Clark, JJ., concur.
-3- 105736 

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger

Clerk of the Court