*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1306

KA 10-01796

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND SCONIERS, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V ORDER JOANN RUSBY, ALSO KNOWN AS JOANN M. RUSBY, ALSO

KNOWN AS JOANN VANWUYCKHUYSE, ALSO KNOWN AS

JOANN SPICER, DEFENDANT-APPELLANT.

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.

Entered: December 23, 2011 Frances E. Cafarell

Clerk of the Court