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The People of the State of v. Julie A. Leip

State of New York Supreme Court, Appellate Division Third Judicial Department


February 9, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JULIE A. LEIP, ALSO KNOWN AS JULIE WILL, APPELLANT.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered November 22, 2010, convicting defendant upon her plea of guilty of the crime of aggravated driving while intoxicated.

The opinion of the court was delivered by: Stein, J.

MEMORANDUM AND ORDER

Calendar Date: January 6, 2012

Before: Mercure, Acting P.J., Spain, Kavanagh, Stein and Egan Jr., JJ.

Defendant pleaded guilty to aggravated driving while intoxicated in satisfaction of a six-count indictment, a violation of probation charge and an unrelated charge of criminal impersonation in the second degree. In connection with her plea, defendant was sentenced, as agreed, to 1 to 3 years in prison followed by a three-year conditional discharge, requiring her to avoid further violations of the law and to install an ignition interlock device on any vehicle she owns or operates. Defendant now appeals.

Initially, we find that, based upon this record, defendant did not make a valid waiver of her right to appeal (see People v Lewis, 39 AD3d 1025, 1025 [2007]; People v Cain, 29 AD3d 1157, 1157 [2006]). However, defendant's contention that her plea was not knowing, voluntary and intelligent has not been preserved by a motion to withdraw her plea or vacate the judgment of conviction and, inasmuch as defendant did not make any statements during the plea allocution that negated an essential element of the crime or otherwise cast doubt on her guilt, the narrow exception to the preservation rule is not triggered here (see People v Norton, 88 AD3d 1027, 1028 [2011]; People v Lewis, 39 AD3d at 1025-1026). Finally, by pleading guilty without first making a suppression motion and obtaining a final order with regard thereto, defendant forfeited her right to appellate review of the issue she now raises with regard to her statements to police (see People v Buckler, 80 AD3d 889, 890 [2011], lv denied 17 NY3d 804 [2011]; People v Costa, 4 AD3d 675, 676 [2004], lvs denied 2 NY3d 797, 798 [2004]).

Mercure, Acting P.J., Spain, Kavanagh and Egan Jr., JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court

20120209

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