Opinion
2015-03-18
The PEOPLE, etc., respondent, v. Elizabeth PEACOCK, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Edward E. Smith of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Edward E. Smith of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Iliou, J.), rendered April 17, 2013, convicting her of vehicular manslaughter in the first degree and driving while ability impaired by drugs, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
By pleading guilty, the defendant forfeited any claim that the rebuttable presumption contained in Penal Law §§ 125.12 and 125.13 unconstitutionally shifts the burden of proof ( see People v. Taylor, 65 N.Y.2d 1, 5, 489 N.Y.S.2d 152, 478 N.E.2d 755; People v. Thomas, 53 N.Y.2d 338, 344, 441 N.Y.S.2d 650, 424 N.E.2d 537). The defendant's waiver of the right to appeal forecloses review of her contention that the sentence imposed was excessive ( see People v. Trahan, 124 A.D.3d 699, 997 N.Y.S.2d 918). BALKIN, J.P., ROMAN, SGROI and LaSALLE, JJ., concur.