| People v Vega |
| 2010 NY Slip Op 04626 [73 AD3d 1218] |
| May 25, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Jesenia Vega, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (J. Doyle, J.)rendered July 1, 2009, convicting her of manslaughter in the second degree, vehicularmanslaughter in the second degree (two counts), assault in the second degree, operating a motorvehicle while under the influence of alcohol (two counts), and failure to obey the speed limit,upon her plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the People's contention, the record does not establish that the defendantknowingly, voluntarily, and intelligently waived her right to appeal, and therefore does notforeclose review of her current claim (see People v DeSimone, 80 NY2d 273, 283[1992]; People v Carrion, 65 AD3d 693 [2009]; People v Phillips, 28 AD3d 939[2006]).
Prior to imposing sentence, the County Court was aware that a lesser alternative sentencewas available, pursuant to Penal Law § 70.00 (4), with respect to the sentence which thedefendant was promised on her plea of guilty to assault in the second degree. Based upon thenature and circumstances of the crime, and the history and character of the defendant, the CountyCourt providently exercised its discretion in denying the defendant's application for a one-yearsentence (cf. People v Schafer, 19 AD3d 1133 [2005]; People v Endresz, 1AD3d 888 [2003]).
The sentence imposed was not excessive, and the record reveals no mitigating orextraordinary circumstances warranting a reduction of the agreed-upon sentence in the exerciseof our interest of justice jurisdiction (see People v Bussey, 67 AD3d 819 [2009];People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P., Santucci, Chambers and Roman, JJ.,concur.