People v MrzygutAnnotate this Case
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,
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 ; 1193  [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