People v Mrzygut

People v Mrzygut 2015 NY Slip Op 09485 Decided on December 23, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 23, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, LINDLEY, AND WHALEN, JJ.
1299 KA 14-01663

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

DEANA M. MRZYGUT, DEFENDANT-APPELLANT.

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

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, lv denied 9 NY3d 877, reconsideration denied 9 NY3d 991, quoting People v Lopez, 6 NY3d 248, 255).

Entered: December 23, 2015

Frances E. Cafarell

Clerk of the Court