People v Rusby
2011 NY Slip Op 09410 [90 AD3d 1524]
December 23, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


The People of the State of New York, Respondent, v Joann Rusby, Also Known as Joann M. Rusby, Also Known as Joann VanWuyckhuyse, Also Known as Joann Spicer, Appellant.

—[*1] Gary A. Horton, Public Defender, Batavia (Bridget L. Field of counsel), for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), for respondent.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered October 6, 2009. The judgment convicted defendant, upon her plea of guilty, of criminal sale of a controlled substance in the third degree and criminally negligent homicide.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Scudder, P.J., Centra, Fahey, Carni and Sconiers, JJ.