People v. Baker

• Decision Date: 09 February 2018
• Docket Number: 124,KA 15–01058
• Parties: The PEOPLE of the State of New York, Respondent, v. Mary R. BAKER, Defendant–appellant.
• Court: New York Supreme Court — Appellate Division

158 A.D.3d 1296

68 N.Y.S.3d 349 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Mary R. BAKER, Defendant–appellant.

124

KA 15–01058

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

Entered: February 9, 2018

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 ORDERMemorandum:

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.