People v Butler (Stephanie)

[*1] People v Butler (Stephanie) 2005 NYSlipOp 50401(U) Decided on March 25, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 25, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., ANGIOLILLO and COVELLO, JJ.
2004-217 P CR

The People of the State of New York, Respondent,

against

Stephanie Butler, Appellant.

Appeal by defendant from a judgment of the Justice Court, Town of Putnam Valley, Putnam County (G. Capone, J.), rendered November 12, 2003, convicting her, upon her guilty plea, of speeding (Vehicle and Traffic Law § 1180) and imposing sentence.

Judgment of conviction unanimously affirmed.

Defendant was charged in a simplified traffic information with driving 75 miles per hour in a 55 mile per hour zone. She voluntarily waived the officer's appearance and pleaded guilty to a reduced charge of driving 65 miles per hour in a 55 mile per hour zone. Defendant now contends that she was not speeding, was deprived of her right to
confront the officer and that the fine imposed and points recorded on her driver's license record were excessive.

Defendant's contentions lack merit. She voluntarily pleaded guilty, waived the officer's appearance and received a benefit from her plea (see 15 NYCRR 131.2, 131.3). In addition, the sentence imposed was not excessive (see Vehicle and Traffic Law § 1180 [h] [1] [i]; People v Suitte, 90 AD2d 80 [1982]).
Decision Date: March 25, 2005