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The People of the State of New York, Respondent v. Gina Bijou

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS Appellate Term, Second Department


November 1, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
GINA BIJOU, APPELLANT.

Appeal from judgments of the Justice Court of the Town of Clarkstown, Rockland County (Howard Gerber, J.), rendered July 1, 2010.

People v Bijou (Gina)

Decided on November 1, 2011

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI JJ

The judgments, insofar as appealed from as limited by the brief, upon convicting defendant, upon her pleas of guilty, of two charges of petit larceny, sentenced defendant to two consecutive one-year terms of imprisonment.

ORDERED that the judgments of conviction, insofar as appealed from, are affirmed.

Insofar as is relevant to this appeal, defendant pleaded guilty to two charges of petit larceny (Penal Law § 155.25) for incidents occurring on March 30, 2009 and June 8, 2009, respectively. At a plea hearing where she was represented by counsel, defendant entered into a negotiated plea agreement under the terms of which, upon her pleas of guilty to the two charges of petit larceny which are the subject of this appeal (as well as to six other charges of petit larceny), sentencing would be adjourned on all eight charges and, after her successful completion of a drug-treatment program, she would receive a one-year conditional discharge. The plea agreement further provided that if defendant failed to successfully complete the program, or appear for a scheduled court date when not enrolled in the program, she would be sentenced to the maximum term of imprisonment of one year on each misdemeanor. After being released from the program, defendant failed to appear for the scheduled sentencing proceeding, having been arrested on unrelated offenses while allegedly on her way to court. Consequently, she was sentenced to two one-year terms of imprisonment, to run consecutively, in the Rockland County Jail, in accordance with the terms of the plea agreement. On appeal, defendant contends that the sentences were harsh and excessive.

The record reveals no extraordinary circumstances which warrant a reduction of the sentences (see People v Vega, 73 AD3d 1218 [2010]; People v Edwards, 37 AD3d 871, 872-873 [2007]). Defendant received precisely the sentences for which she bargained, obtained the benefits of the plea - - the opportunity to seek treatment while sentencing was adjourned - - and made no application to the Justice Court to vacate her plea or to modify the sentencing terms (People v Torres, 69 AD3d 886, 887 [2010]; People v Barnes, 32 Misc 3d 134[A], 2011 NY Slip Op 51454[U] [App Term, 9th & 10th Jud Dists 2011]). Under the circumstances presented, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Accordingly, the judgments, insofar as appealed from, are affirmed.

Nicolai, P.J., LaCava and Iannacci, JJ., concur.

Decision Date: November 01, 2011

20111101

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