State of New York Supreme Court, Appellate Division Third Judicial Department
January 5, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JENNIE FUSCO, APPELLANT.
Appeal from a judgment of the County Court of Washington County (McKeighen), rendered December 16, 2010, which revoked defendant's probation and imposed a sentence of imprisonment.
The opinion of the court was delivered by: Stein, J.
Calendar Date: November 15, 2011
Before: Spain, J.P., Lahtinen, Malone Jr., Stein and
Egan Jr., JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of scheme to defraud in the first degree and was sentenced to five years of probation and ordered to pay restitution. In 2010, defendant admitted to violating certain terms of her probation. Thereafter, County Court revoked defendant's probation and imposed the agreed-upon prison term of 1 to 3 years. This appeal ensued.
We are unpersuaded by defendant's contention that County Court abused its discretion in imposing a sentence of 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 , lv denied 4 NY3d 745 ; People v Simmons, 279 AD2d 892 , lv denied 96 NY2d 834 ). 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 , lv denied 96 NY2d 786 ).
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.
Robert D. Mayberger Clerk of the Court
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