| People v Brooks |
| 2009 NY Slip Op 00853 [59 AD3d 999] |
| February 6, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Kimberly K.Brooks, Appellant. |
—[*1] Donald H. Dodd, District Attorney, Oswego (Michael G. Cianfarano of counsel), forrespondent.
Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), renderedSeptember 11, 2006. The judgment convicted defendant, upon her plea of guilty, of grandlarceny in the fourth degree.
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 ofgrand larceny in the fourth degree (Penal Law § 155.30 [1]). Defendant failed to preservefor our review her contention that County Court erred in imposing an enhanced sentence basedupon her failure to appear for sentencing (see People v Perkins, 291 AD2d 925 [2002],lv denied 98 NY2d 654 [2002]; People v Perry, 252 AD2d 990 [1998], lvdenied 92 NY2d 929 [1998]), and we decline to exercise our power to review that contentionas a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]).Present—Hurlbutt, J.P., Martoche, Smith, Centra and Peradotto, JJ.