| People v Robinson |
| 2017 NY Slip Op 04650 [151 AD3d 1701] |
| June 9, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v Jennifer A.Robinson, Appellant. |
Timothy P. Donaher, Public Defender, Rochester, Jeffrey Wicks, PLLC (Jeffrey Wicks ofcounsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.),rendered April 26, 2013. The judgment convicted defendant, upon a jury verdict, of driving whileintoxicated, a class E felony.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting her following a jury trial of drivingwhile intoxicated as a class E felony (Vehicle and Traffic Law §§ 1192 [3];1193 [1] [c] [i] [A]), defendant contends that she was denied effective assistance of counselbased upon defense counsel's failure to secure her testimony before the grand jury or to make anadequate motion to dismiss the indictment based on the alleged violation of CPL 190.50. Wereject that contention. Defendant has not shown that she was prejudiced by her attorney's failureto effectuate her appearance before the grand jury or that the outcome of the grand juryproceeding would have been different if she had testified (see People v Simmons, 10 NY3d 946, 949 [2008]; People v James, 92 AD3d 1207,1208 [2012], lv denied 19 NY3d 962 [2012]), nor has she shown that an adequate motionbased on the violation of CPL 190.50 had any chance of success (see generally People v Caban, 5 NY3d143, 152 [2005]). Furthermore, defendant's sentence is not unduly harsh or severe.Present—Whalen, P.J., Centra, Lindley, Troutman and Scudder, JJ.