| People v Sanchez |
| 2008 NY Slip Op 08179 [55 AD3d 460] |
| October 28, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v ZaidaSanchez, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Cynthia A. Carlson of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Dominic R. Massaro, J.), rendered March 17,2007, convicting defendant, upon her plea of guilty, of bribery in the third degree, driving whileintoxicated (two counts), and obstructing governmental administration in the second degree, andsentencing her to an aggregate term of six months, concurrent with five years' probation, andimposing a fine of $2,500, unanimously affirmed.
Defendant has not established any basis for "deeming" her driving while intoxicated (DWI)convictions to be misdemeanors. To the extent that she is claiming she did not knowingly andintelligently plead guilty to DWI as a felony, that claim is unpreserved (see People vLopez, 71 NY2d 662, 665 [1988]), and we decline to review it in the interest of justice. Asan alternative holding, we also reject it on the merits. Defendant's plea of guilty to the "entireindictment" clearly covered the felony DWI charges, and there was nothing in the plea allocutionthat cast significant doubt on her guilt (see People v Toxey, 86 NY2d 725 [1995]). As forher claim that the People failed to file a special information pursuant to CPL 200.60 charging thatshe had previously been convicted of driving while intoxicated, that procedural defect waswaived by defendant's guilty plea (People v Gill, 109 AD2d 419, 420 [1985]; Peoplev Giuliano, 52 AD2d 240, 243-244 [1976]; see also Wright v Davies, 41 AD2d 879,880 [1973]). Furthermore, since the felony complaint specified the prior conviction that was thebasis for the elevated felony charge, and the indictment specified that two counts were felonyoffenses, defendant was [*2]apprised that she was being chargedwith felonies.
We perceive no basis for reducing the fine. Concur—Mazzarelli, J.P., Andrias,Nardelli, Buckley and Freedman, JJ.