| People v Fusco |
| 2012 NY Slip Op 00056 [91 AD3d 985] |
| Jnury 5, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JennieFusco, Appellant. |
—[*1] Kevin C. Kortright, District Attorney, Fort Edward (Katherine G. Henley of counsel), forrespondent.
Stein, J. Appeal from a judgment of the County Court of Washington County (McKeighen,J.), rendered December 16, 2010, which revoked defendant's probation and imposed a sentenceof imprisonment.
Defendant pleaded guilty to the crime of scheme to defraud in the first degree and wassentenced to five years of probation and ordered to pay restitution. In 2010, defendant admitted toviolating certain terms of her probation. Thereafter, County Court revoked defendant's probationand imposed the agreed-upon prison term of 1 to 3 years. This appeal ensued.
We are unpersuaded by defendant's contention that County Court abused its discretion inimposing a sentence of 1 to 3 years in prison. Defendant agreed to the sentence prior to heradmission of the probation violation, and a review of the record establishes no extraordinarycircumstances nor any abuse of discretion warranting a reduction of the sentence in the interest ofjustice (see People v Johnson, 12AD3d 727, 727-728 [2004], lv denied 4 NY3d 745 [2004]; People vSimmons, 279 AD2d 892 [2001], lv denied 96 NY2d 834 [2001]). Further,defendant's assertion that the information regarding her arrest was too vague to form the basis foran alleged violation of the condition that she "[o]bey all laws [and] ordinances and lead alaw-abiding life" is not preserved for our review inasmuch as defendant did not move to vacatethe judgment [*2]pursuant to CPL 440.10 (see People vOeser, 280 AD2d 782 [2001], lv denied 96 NY2d 786 [2001]).
Defendant's remaining contentions have been reviewed and found to be without merit.
Spain, J.P., Lahtinen, Malone Jr. and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.