Appellate Division of the Supreme Court of New York, 2012

People v. Fusco

Appellate Division of the Supreme Court of New York · Decided January 5, 2012 · Stein

91 A.D.3d 985; 935 N.Y.2d 735

Cases that cite this one

8 later published cases cite this decision.

People v. Borasky (Appellate Division of the Supreme Court of New York 2016)
WASHINGTON, BRYAN, PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
People v. Washington (Appellate Division of the Supreme Court of New York 2015)
People v. Washington (Appellate Division of the Supreme Court of New York 2015)
People v. Fusco (Appellate Division of the Supreme Court of New York 2013)
People v. Fusco (Appellate Division of the Supreme Court of New York 2013)
People v. McCann (Appellate Division of the Supreme Court of New York 2012)
People v. McCann (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Stein, J.

We are unpersuaded by defendant’s contention that County *986Court abused its discretion in imposing a sentence of 1 to 3 years in prison. Defendant agreed to the sentence prior to her admission of the probation violation, and a review of the record establishes no extraordinary circumstances nor any abuse of discretion warranting a reduction of the sentence in the interest of justice (see People v Johnson, 12 AD3d 727, 727-728 [2004], lv denied 4 NY3d 745 [2004]; People v Simmons, 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 for an alleged violation of the condition that she “[o]bey all laws [and] ordinances and lead a law-abiding life” is not preserved for our review inasmuch as defendant did not move to vacate the judgment pursuant to CPL 440.10 (see People v Oeser, 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 is affirmed.

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