People v Brown (Elaine)

[*1] People v Brown (Elaine) 2009 NY Slip Op 50919(U) [23 Misc 3d 138(A)] Decided on May 11, 2009 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 11, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2008-735 K CR.

The People of the State of New York, Respondent,

against

Elaine Brown, Appellant.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (John H. Wilson, J.), rendered March 3, 2008. The judgment convicted defendant, upon her plea of guilty, of driving while ability impaired.

Judgment of conviction affirmed.

Defendant pleaded guilty to driving while ability impaired (Vehicle and Traffic Law § 1192 [1]). To the extent that her claims have not been forfeited by her plea of guilty (see CPL 710.20, 710.70; People v Hansen, 95 NY2d 227 [2000]), they involve factual allegations dehors the record and are thus not properly before the court (see e.g. People v Johnson, 59 AD3d 738 [2009]; cf. People v Lopez, 71 NY2d 662, 666 [1988]), or they lack merit.

Accordingly, the judgment of conviction is affirmed.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: May 11, 2009