From Casetext: Smarter Legal Research

People v. Lowe

Appellate Division of the Supreme Court of New York, Third Department
Nov 17, 2011
2011 N.Y. Slip Op. 8236 (N.Y. App. Div. 2011)

Opinion

103491.

Calendar Date: October 17, 2011.

Decided and Entered: November 17, 2011.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered April 14, 2010, convicting defendant upon her plea of guilty of the crime of forgery in the second degree.

Erin C. Morigerato, Albany, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.

Before: Mercure, J.P., Malone Jr., Stein, McCarthy and Egan Jr., JJ.


MEMORANDUM AND ORDER


Defendant was arrested and ultimately pleaded guilty to forgery in the second degree. Sentencing was adjourned to permit defendant to participate in a long-term drug rehabilitation program in an effort to avoid a prison term. Defendant's attempts at rehabilitation were unsuccessful and County Court thereafter sentenced defendant to a prison term of 2 to 6 years to run concurrently with a recently imposed prison term. Defendant appeals.

Initially, defendant challenges the validity of the waiver of the right to appeal. However, the record does not reflect that defendant waived her right to appeal either orally or in writing. To the extent that defendant challenges the voluntariness of the plea, that issue is unpreserved as she did not move to withdraw the plea or vacate the judgment of conviction ( see People v Haskins , 86 AD3d 794 , 796), and we do not find the narrow exception to the preservation rule applicable ( see People v Scribner , 77 AD3d 1022 , 1023, lv denied 16 NY3d 746). Finally, given defendant's extensive criminal history, her repeated failure to comply with the terms of the plea agreement to successfully participate in and complete rehabilitation (which required the issuance of two bench warrants) and her continued criminal conduct, we find no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence ( see e.g. People v Marshall, 246 AD2d 698).

Mercure, J.P., Malone Jr., Stein and Egan Jr., JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Lowe

Appellate Division of the Supreme Court of New York, Third Department
Nov 17, 2011
2011 N.Y. Slip Op. 8236 (N.Y. App. Div. 2011)
Case details for

People v. Lowe

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREA E. LOWE…

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

Date published: Nov 17, 2011

Citations

2011 N.Y. Slip Op. 8236 (N.Y. App. Div. 2011)