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The People of the State of New York v. Karen E. Miller

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


April 19, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
KAREN E. MILLER, APPELLANT.

Appeal from a judgment of the County Court of Delaware County (Becker, J.), rendered January 31, 2011, convicting defendant upon her plea of guilty of the crime of driving while ability impaired by drugs.

MEMORANDUM AND ORDER

Calendar Date: February 21, 2012

Before: Peters, P.J., Rose, Malone Jr., McCarthy and Garry, JJ.

Defendant pleaded guilty to driving while ability impaired by drugs and was sentenced to a prison term of 1 to 3 years. We are unpersuaded by defendant's contention that the sentence imposed was harsh. No promises were made with regard to sentencing other than County Court's agreement that it would consider defendant's participation in a treatment program. Although defendant completed a pain management program, the record establishes that defendant was still dependent on prescription medication and the completed program did not address her addiction issue. In view of this, as well as defendant's extensive criminal history, we find no abuse of discretion or extraordinary circumstances to warrant a modification of the sentence in the interest of justice (see People v Warner, 9 AD3d 604, 604-605 [2004]).

Peters, P.J., Rose, Malone Jr., McCarthy and Garry, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court

20120419

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