Opinion
2014-10-3
The PEOPLE of the State of New York, Respondent, v. Cherise C. WASHINGTON, Also Known As Cherice Morris, Defendant–Appellant.
Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered September 24, 2012. The judgment convicted defendant, upon her plea of guilty, of burglary in the third degree and petit larceny. Leanne Lapp, Public Defender, Canandaigua (Michael A. Jones, Jr., of Counsel), for Defendant–Appellant. R. Michael Tantillo, District Attorney, Canandaigua (James B. Ritts of Counsel), for Respondent.
Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered September 24, 2012. The judgment convicted defendant, upon her plea of guilty, of burglary in the third degree and petit larceny.
Leanne Lapp, Public Defender, Canandaigua (Michael A. Jones, Jr., of Counsel), for Defendant–Appellant. R. Michael Tantillo, District Attorney, Canandaigua (James B. Ritts of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting her upon her plea of guilty of burglary in the third degree (Penal Law § 140.20) and petit larceny (§ 155.25). Defendant contends that the delay following her initially scheduled sentencing date divested County Court of jurisdiction ( seeCPL 380.30[1]; People v. Drake, 61 N.Y.2d 359, 366–367, 474 N.Y.S.2d 276, 462 N.E.2d 376). Defendant failed to preserve her contention for our review inasmuch as she did not move to dismiss the indictment on that ground or otherwise object to the delay ( see People v. Dissottle, 68 A.D.3d 1542, 1543, 893 N.Y.S.2d 649, lv. denied14 N.Y.3d 799, 899 N.Y.S.2d 133, 925 N.E.2d 937; see also People v. Diggs, 98 A.D.3d 1255, 1256, 951 N.Y.S.2d 411, lv. denied 20 N.Y.3d 986, 958 N.Y.S.2d 701, 982 N.E.2d 621), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( seeCPL 470.15[3][c] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. CENTRA, J.P., FAHEY, WHALEN, and DeJOSEPH, JJ., concur.