MRZYGUT, DEANA M., PEOPLE v

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1299 KA 14-01663 PRESENT: SMITH, J.P., PERADOTTO, CARNI, LINDLEY, AND WHALEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER DEANA M. MRZYGUT, DEFENDANT-APPELLANT.

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Niagara County Court (Sara S.

Farkas, J.), rendered June 6, 2014. The judgment convicted defendant, upon her plea of guilty, of driving while intoxicated, a class E felony.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of driving while intoxicated as a class E felony (Vehicle and Traffic Law §§ 1192 [3]; 1193 [1] [c] [i]). “The valid waiver by defendant of [her] right to appeal encompasses [her] challenge to the severity of the sentence and also ‘includes waiver of the right to invoke [this Court’s] interest-of-justice jurisdiction’ ” (People v Keiser, 38 AD3d 1254, 1254, lv denied 9 NY3d 877, reconsideration denied 9 NY3d 991, quoting People v Lopez, 6 NY3d 248, 255).

Entered: December 23, 2015 Frances E. Cafarell Clerk of the Court