By SUE BOTSFORD
PLATTSBURGH — An Essex County Court sentencing has been upheld by a state appeals court.
Brenda J. Wells, 50, was convicted in April 2008 of felony driving while intoxicated and sentenced to five years probation.
The terms of her probation included participating in and successfully completing any alcohol or substance-abuse program ordered by the Probation Department and abstaining from alcohol.
It was found that she had violated these terms of her probation, and Judge Richard Meyer revoked her probation in August 2008 and sentenced her to one to three years in prison.
The Appellate Division of the State Supreme Court wrote that a court may revoke a person’s probation if that person is given the opportunity to be heard and the court determines that evidence supports the position that probation was violated.
Wells contended there was insufficient evidence to establish that her probation was violated.
However, the appeals court pointed out there was evidence that Wells was dismissed from a prescribed program due to her disruptive and disrespectful behavior.
She also admitted she drank beer the day after she was placed on probation.
Therefore, the justices wrote, it was clear the evidence supported the violation finding.
It also found her sentence was not harsh or excessive.
According to Department of Corrections records, she is on temporary release from Albion Correctional Facility.
E-mail Sue Botsford:
botsford@westelcom.com
