FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: MARCH 30, 2017
RE: HERBERT HILL
The Appellate Division, Third Department has today unanimously affirmed the judgment of the County Court of Ulster County (Donald A. Williams, J.) which revoked defendant’s sentence of six months in jail and five years probation upon his conviction of criminal contempt in the first degree following a probation violation hearing and resentenced him to an indeterminate term of one and one-third to four years in State prison.
Defendant’s conviction stems from his violation of an order of protection by having contact with a former girlfriend. Shortly after he was sentenced, defendant had further contact with his girlfriend in violation of the order of protection issued on her behalf and fled from the police when they tried to arrest him.
On appeal, defendant challenged the declaration of delinquency which was filed by the Probation Department when he violated the terms and conditions of his probation and argued that County Court erred in revoking his probation. He also argued that the sentence imposed by County Court was unduly harsh and excessive. However, all of the claims raised by the defendant were found to be without merit by the Appellate Division, Third Department.
On appeal, the defendant is represented by Danielle Neroni, Esq. of Albany, New York. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.