PEOPLE v. CADET (2021)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Isabel C. CADET, Appellant.

2020-612 N C

Decided: June 17, 2021

PRESENT: JERRY GARGUILO, J.P., ELIZABETH H. EMERSON, TIMOTHY S. DRISCOLL, JJ

Jonathan Rosenberg, PLLC (Jonathan Rosenberg of counsel), for appellant. Nassau County District Attorney (Daniel Bresnahan and Tammy J. Smiley of counsel), for respondent.

ORDERED that the order is affirmed, without costs.

Insofar as relevant to this appeal, defendant pleaded guilty in 2008 to driving while intoxicated (per se) (Vehicle and Traffic Law § 1192 [2]), a misdemeanor. In 2020, defendant moved, pursuant to CPL 160.59, to seal her conviction. The People did not oppose the motion, which the District Court denied without conducting a hearing (see CPL 160.59 [6]). On appeal, defendant contends that the court improvidently exercised its discretion in refusing to seal defendant's conviction of driving while intoxicated.

Upon a review of the record, we find that the District Court did not improvidently exercise its discretion in denying defendant's motion (see CPL 160.59 [4], [7]; People v Shrayef, 181 AD3d 936 [2020]). The court considered the nonexhaustive relevant factors identified in CPL 160.59 (7) to make the discretionary determination that granting defendant's motion to seal the conviction was not warranted, and we find no basis to disturb that determination.

Accordingly, the order is affirmed.

GARGUILO, J.P., EMERSON and DRISCOLL, JJ., concur.

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