People v. Mainville

Appellate Division of the Supreme Court of the State of New York

Nov 24, 2010

Versions:78 A.D.3d 1421

911 N.Y.S.2d 268

mine The user wants a clean, semantic HTML version of the provided legal document. **Document Analysis:** - The document starts with the end of one case (Page 1421, top). - It then starts a new case: *The People of the State of New York, Respondent, v Ben S. Mainville, Appellant.* [911 NYS2d 268]. - The Mainville case finishes on Page 1422. - Then another case starts: *The People of the State of New York, Respondent, v Omar Laboy-Vega, Appellant.* [911 NYS2d 270]. - The instructions for “Multi-Opinion Documents” say: “convert only the MAIN opinion — the one with a complete case caption and full opinion body. Skip partial content from a previous case that appears at the beginning of the document.” - In this set, there are two complete opinions starting on the pages provided. I will focus on the first full opinion: *People v Mainville*. **Case Information: People v Mainville** - Case Name: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v BEN S. MAINVILLE, Appellant. - Short Name: People v. Mainville - Citation: 911 NYS2d 268 - Docket: 268 (implied or use citation as identifier) -> Actually, the number in brackets [911 NYS2d 268] is the citation. - Court: Supreme Court, Appellate Division, Third Department, New York. (The headers in these volumes usually indicate the court, but looking at the judges: Spain, J.P., Stein, McCarthy and Egan Jr., JJ., these are AD3 judges). The text says “Appeal from a judgment of the Supreme Court ... rendered April 27, 2009 in Clinton County“. This is an appeal to the Appellate Division. - Date: April 27, 2009 (Judgment rendered) - The decision date isn‘t explicitly on this snippet, but the citation provided is 911 NYS2d 268. Looking at the context of AD3d cases, these are likely 2010. However, I must only use provided data. - The OCR for page 1421 shows “Ordered that the judgment is affirmed.” for the *previous* case. - Then: “The People of the State of New York, Respondent, v Ben S. Mainville, Appellant. [911 NYS2d 268]” - The text of the opinion starts: “McCarthy, J. Appeal from a judgment of the Supreme Court (Lawliss, J.), rendered April 27, 2009 in Clinton County...” - The conclusion is on 1422: “Cardona, P.J., Rose, Lahtinen and Malone Jr., JJ., concur. Ordered that the judgment is affirmed.” **Page 1421** - Starts with previous case text. Skip it. - Case Info for Mainville. - Page marker `` - Caption - McCarthy, J. section. **Page 1422** - Text continues. - Case ends. - New case starts. I will only convert Mainville as it is the first “complete” one. **Formatting Details:** - Case citations: - *People v Lewis*, 69 AD3d 1232, 1234-1235 [2010] (this is in the previous case, ignore) - *People v Spady*, 25 AD3d 881, 882 [2006] - *People v Bower*, 9 AD3d 603, 603-604 [2004] - *People v Osborne*, 38 AD3d 1132, 1132 [2007] - *People v Costanza*, 281 AD2d 120, 123 [2001] - *People v Costanza*, 281 AD2d at 124 - *People v Frierson*, 1 AD3d 711, 712 [2003] - *People v Buskey*, 62 AD3d 1164, 1165 [2009] - *People v Regan*, 233 AD2d 615, 615-616 [1996] - Law citations: - CPL 470.20 [6] - Penal Law § 70.04 [3] [b] **Structure:** 1. Case Info 2. Body **Refining Case Info:** - `shortName=“People v. Mainville“` - `citation=“911 NYS2d 268“` - `court=“N.Y. App. Div.“` (Appellate Division, New York) - `date=“2010“` (Estimated based on reporter sequence 70-80 AD3d being 2010, but since it‘s not on the page, I will see if I can find it. Usually, these pages are from the NY Reports/AD Reports. 911 NYS2d 268 is from 2010. I will stick to what‘s in the text or leave date blank if not findable). The render date of the judgment is 2009. I‘ll omit the `date` attribute or use the year from the citation‘s time frame if evident. Actually, I‘ll just skip the date attribute if not explicitly in the text as a decision date. Let‘s double check the `shortName` rule: “first party v. first opposing party“. THE PEOPLE OF THE STATE OF NEW YORK v. BEN S. MAINVILLE. Short name: `People v. Mainville`. Wait, the prompt says “Convert only the MAIN opinion — the one with a complete case caption and full opinion body.” Mainville starts on 1421 and ends on 1422. It is complete. Laboy-Vega starts on 1422 and likely continues. It has a caption but not a full body (ends mid-sentence). So Mainville is the target. **HTML generation:**

McCarthy, J. Appeal from a judgment of the Supreme Court (Lawliss, J.), rendered April 27, 2009 in Clinton County, which revoked defendant‘s probation and imposed a sentence of imprisonment.

Defendant was convicted of attempted assault in the third degree and endangering the welfare of a child, and Supreme Court sentenced him to a three-year term of probation and issued an order of protection directing him to refrain from criminal conduct directed toward his paramour and children. Among the terms of probation were conditions forbidding defendant from committing another offense and requiring him not only to comply with the order of protection, but also to “refrain from any and all intimidating, threatening and abusive behavior.” Shortly thereafter, defendant was arrested and charged with criminal contempt in the first degree arising from his failure to obey the order of protection. A probation violation petition was also filed and, following a hearing, Supreme Court found that defendant had violated the terms of his probation. Supreme Court then revoked defendant‘s probation, resentenced him to an aggregate jail term of one year and issued a new order of protection. Defendant now appeals.

We affirm. The record supports Supreme Court‘s findings that defendant became involved in an altercation with his two teenage daughters and screamed that they were “sluts” and “whores” (see People v Spady, 25 AD3d 881, 882 [2006]; People v Bower, 9 AD3d 603, 603-604 [2004], lv denied 3 NY3d 704 [2004]). Indeed, defendant does not seriously dispute that a preponderance of the evidence supports the finding that he violated the terms of his probation, but rather argues that he had a justifiable excuse for doing so. Assuming that this argument is properly before us, it was incumbent upon defendant to establish such an excuse; he asserts that his actions were provoked by his daughters’ unruly behavior (see People v Osborne, 38 AD3d 1132, 1132 [2007], lv denied 9 NY3d 849 [2007]; People v Costanza, 281 AD2d 120, 123 [2001], lv denied 96 NY2d 827 [2001]). Suffice it to say, we are unpersuaded that defendant‘s response to his children‘s provocations demonstrated either that “he acted in good faith in carrying out the terms of his probation or that the violation was because of factors beyond his control” (People v Costanza, 281 AD2d at 124; see People v Frierson, 1 AD3d 711, 712 [2003]).

Defendant also claims that the jail sentence imposed was harsh and excessive but, inasmuch as he has completed serving that sentence, his argument is moot (see People v Buskey, 62 AD3d 1164, 1165 [2009]; People v Regan, 233 AD2d 615, 615-616 [1996]).

Cardona, P.J., Rose, Lahtinen and Malone Jr., JJ., concur.

Ordered that the judgment is affirmed.

Wait, the signature block requirement says: ```html

JOHN A. ROSS

UNITED STATES DISTRICT JUDGE

``` The text has the list of concurring judges and the order. “Cardona, P.J., Rose, Lahtinen and Malone Jr., JJ., concur. Ordered that the judgment is affirmed.” **Citations in text:** - `(see People v Spady, 25 AD3d 881, 882 [2006]; People v Bower, 9 AD3d 603, 603-604 [2004], lv denied 3 NY3d 704 [2004])` - `(see People v Osborne, 38 AD3d 1132, 1132 [2007], lv denied 9 NY3d 849 [2007]; People v Costanza, 281 AD2d 120, 123 [2001], lv denied 96 NY2d 827 [2001])` - `(People v Costanza, 281 AD2d at 124; see People v Frierson, 1 AD3d 711, 712 [2003])` - `(see People v Buskey, 62 AD3d 1164, 1165 [2009]; People v Regan, 233 AD2d 615, 615-616 [1996])` **Law Citations:** None in the Mainville opinion. One more check on the `People v. Mainville` citation: `[911 NYS2d 268]`. The header on the page says `1421`. I will use the reporter page numbers from the header as they are visible. Case Caption in text: “The People of the State of New York, Respondent, v Ben S. Mainville, Appellant. [911 NYS2d 268]” Short Name: `People v. Mainville`. The next case Laboy-Vega starts on 1422. It starts with Spain, J. but the end of the text is “any impairment of de-“. This is incomplete. So per the instructions, I only convert Mainville. Correction on `midpage-case` for `lv denied`: Usually `lv denied` is a subsequent history. The prompt says “Subsequent history: Each citation in its own tag“. Example: `aff‘d, ` So for `lv denied`: `lv denied ` Wait, the prompt says “What goes OUTSIDE the tag: ... subsequent history: aff‘d, rev‘d, overruled by“. I will include `lv denied` outside. One small detail: OCR says “McCarthy, J. Appeal from a judgment of the Supreme Court (Lawliss, J.)“. The court is actually the Supreme Court, but the judgment is rendered in Clinton County and it‘s being appealed to the Appellate Division. The reporter “AD3d” or the names of the judges confirm this is an AD decision. Double check spelling and OCR errors: “rendered April 27, 2009 in Clinton County” - OK. “resentenced him to an aggregate jail term” - OK. “screamed that they were ‘sluts’ and ‘whores‘” - OK. “response to his children‘s provocations” - OK. “demonstrated either that ‘he acted in good faith‘” - OK. Final check on citation formats: `911 NYS2d 268` `25 AD3d 881, 882 [2006]` -> `cite=“25 AD3d 881” pinpoint=“882” court=“N.Y. App. Div.” date=“2006“` Wait, NY AD citations: the Bluebook abbreviation for New York Supreme Court, Appellate Division is `N.Y. App. Div.` or just `App. Div.`. I will use `N.Y. App. Div.`. `3 NY3d 704` is the Court of Appeals, so `court=“N.Y.“`. Let‘s begin. One more thing: Rejoin hyphenated words. “is- sued” -> “issued” “crimi- nal” -> “criminal” “probation- ary“? No, “probation.” “de- fendant” -> “defendant” (in next case, ignore) “de-” at end of document -> skip next case. Mainville starts with caption. McCarthy, J. is the presiding/authoring judge. ```html ``` Wait, does it have a docket? No docket is shown besides the citation. Start conversion.