People v. Mrzygut

Appellate Division of the Supreme Court of New York

People v. Mrzygut

134 A.D.3d 1426, 21 N.Y.S.3d 670

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 2015

StatusPublished

This text of 134 A.D.3d 1426 (People v. Mrzygut) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Mrzygut, 134 A.D.3d 1426, 21 N.Y.S.3d 670 (N.Y. Ct. App. 2015).

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Opinion

Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered June 6, 2014. The judgment convicted defendant, upon her plea of guilty, of driving while intoxicated, a class E felony.

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 driving while intoxicated as a class E felony (Vehicle and Traffic Law §§ 1192 [3]; 1193 [1] [c] [i]). “The valid waiver by defendant of [her] right to appeal encompasses [her] challenge to the severity of the sentence and also ‘includes waiver of the right to invoke [this Court’s] interest-of-justice jurisdiction’ ” (People v Keiser, 38 AD3d 1254, 1254 [2007], lv denied 9 NY3d 877 [2007], reconsideration denied 9 NY3d 991 [2007], quoting People v Lopez, 6 NY3d 248, 255 [2006]). Present — Smith, J.P., Peradotto, Carni, Lindley and Whalen, JJ.

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Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered June 6, 2014. The judgment convicted defendant, upon her plea of guilty, of driving while intoxicated, a class E felony.

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 driving while intoxicated as a class E felony (Vehicle and Traffic Law §§ 1192 [3]; 1193 [1] [c] [i]). “The valid waiver by defendant of [her] right to appeal encompasses [her] challenge to the severity of the sentence and also ‘includes waiver of the right to invoke [this Court’s] interest-of-justice jurisdiction’ ” (People v Keiser, 38 AD3d 1254, 1254 [2007], lv denied 9 NY3d 877 [2007], reconsideration denied 9 NY3d 991 [2007], quoting People v Lopez, 6 NY3d 248, 255 [2006]). Present — Smith, J.P., Peradotto, Carni, Lindley and Whalen, JJ.

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Bluebook (online)

134 A.D.3d 1426, 21 N.Y.S.3d 670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mrzygut-nyappdiv-2015.

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