Opinion
2011-09-29
The PEOPLE of The State of New York, Respondent,v.Zoe A. ZIMMERMAN, Appellant.
Michael G. Paul, Albany, for appellant.D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Michael G. Paul, Albany, for appellant.D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
SPAIN, J.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered March 22, 2010, convicting defendant upon her plea of guilty of the crime of aggravated driving while intoxicated.
Defendant was charged by indictment with aggravated driving while intoxicated and driving while intoxicated, both class D felony offenses. Following her arraignment, defendant was injured when she was hit by a bus and the proceedings were delayed for several months. Ultimately, pursuant to a negotiated plea agreement, defendant pleaded guilty to aggravated driving while intoxicated, with the understanding that she would be sentenced to 2 to 6 years in prison and would have to pay a fine in the amount of $2,000. Defendant was sentenced in accordance with the plea agreement and she now appeals.
Defendant's argument that her plea was not knowing, voluntary and intelligent is not preserved due to her failure to move to withdraw her plea or vacate the judgment of conviction ( see People v. Board, 75 A.D.3d 833, 833, 906 N.Y.S.2d 155 [2010]; People v. Bridge, 71 A.D.3d 1197, 1198, 895 N.Y.S.2d 260 [2010]; People v. Urbina, 1 A.D.3d 717, 717, 766 N.Y.S.2d 640 [2003], lv. denied 1 N.Y.3d 602, 776 N.Y.S.2d 233, 808 N.E.2d 369 [2004] ). If we were to consider this argument, we would find it to be unavailing. The terms of the plea agreement were clearly set forth and County Court fully advised defendant of the rights she was giving up by pleading guilty, defendant
acknowledged each of these rights and freely admitted her guilt ( see People v. Board, 75 A.D.3d at 834, 906 N.Y.S.2d 155; People v. Mosher, 45 A.D.3d 970, 970–971, 845 N.Y.S.2d 174 [2007], lv. denied 10 N.Y.3d 814, 857 N.Y.S.2d 47, 886 N.E.2d 812 [2008] ).
Defendant's contention that she was deprived of the effective assistance of counsel is also unpreserved for review and, in any event, the record reflects that defendant was afforded meaningful representation ( see People v. Henkel, 37 A.D.3d 873, 873–874, 828 N.Y.S.2d 710 [2007], lv. denied 8 N.Y.3d 985, 838 N.Y.S.2d 488, 869 N.E.2d 664 [2007]; People v. Nieves, 302 A.D.2d 625, 625–626, 753 N.Y.S.2d 762 [2003], lv. denied 100 N.Y.2d 541, 763 N.Y.S.2d 7, 793 N.E.2d 421 [2003] ). Finally, we discern no abuse of discretion or extraordinary circumstances that warrant reduction of the agreed-upon sentence ( see People v. Bridge, 71 A.D.3d at 1199, 895 N.Y.S.2d 260; People v. Urbina, 1 A.D.3d at 718, 766 N.Y.S.2d 640).
ORDERED that the judgment is affirmed.
MERCURE, J.P., MALONE JR., KAVANAGH and McCARTHY, JJ., concur.