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People v. Baker

Supreme Court, Appellate Division, Fourth Department, New York.
Feb 9, 2018
158 A.D.3d 1296 (N.Y. App. Div. 2018)

Opinion

124 KA 15–01058

02-09-2018

The PEOPLE of the State of New York, Respondent, v. Mary R. BAKER, Defendant–appellant.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.


TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT–APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., SMITH, LINDLEY, DEJOSEPH, AND CURRAN, JJ.

MEMORANDUM AND ORDER

Memorandum:

Defendant appeals from a judgment convicting her upon her plea of guilty of, inter alia, aggravated driving while intoxicated ( Vehicle and Traffic Law § 1192 [2–a ] [a] ). Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and thus does not preclude our review of her challenge to the severity of her sentence (see People v. Herman, 151 A.D.3d 1866, 1867, 54 N.Y.S.3d 352 [4th Dept. 2017], lv denied 29 N.Y.3d 1127, 64 N.Y.S.3d 677, 86 N.E.3d 569 [2017] ), we conclude that the sentence is not unduly harsh or severe.

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


Summaries of

People v. Baker

Supreme Court, Appellate Division, Fourth Department, New York.
Feb 9, 2018
158 A.D.3d 1296 (N.Y. App. Div. 2018)
Case details for

People v. Baker

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Mary R. BAKER…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Feb 9, 2018

Citations

158 A.D.3d 1296 (N.Y. App. Div. 2018)
158 A.D.3d 1296

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