From Casetext: Smarter Legal Research

People v. Brooks

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 6, 2009
59 A.D.3d 999 (N.Y. App. Div. 2009)

Opinion

No. KA 07-00151.

February 6, 2009.

Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), rendered September 11, 2006. The judgment convicted defendant, upon her plea of guilty, of grand larceny in the fourth degree.

STEPHEN BIRD, ROCHESTER, FOR DEFENDANT-APPELLANT.

DONALD H. DODD, DISTRICT ATTORNEY, OSWEGO (MICHAEL G. CIANFARANO OF COUNSEL), FOR RESPONDENT.

Present: Hurlbutt, J.P., Martoche, Smith, Centra and Peradotto, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of grand larceny in the fourth degree (Penal Law § 155.30). Defendant failed to preserve for our review her contention that County Court erred in imposing an enhanced sentence based upon her failure to appear for sentencing ( see People v Perkins, 291 AD2d 925, lv denied 98 NY2d 654; People v Perry, 252 AD2d 990, lv denied 92 NY2d 929), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [a]).


Summaries of

People v. Brooks

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 6, 2009
59 A.D.3d 999 (N.Y. App. Div. 2009)
Case details for

People v. Brooks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KIMBERLY K. BROOKS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 6, 2009

Citations

59 A.D.3d 999 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 853
872 N.Y.S.2d 354

Citing Cases

People v. Clark

We reject the contention of defendant in her main brief that County Court abused its discretion in denying…