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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KIMBERLY K. BROOKS, Appellant.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of grand larceny in the fourth degree (Penal Law § 155.30). Defendant failed to preserve for our review her contention that County Court erred in imposing an enhanced sentence based upon her failure to appear for sentencing ( see People v Perkins, 291 AD2d 925, lv denied 98 NY2d 654; People v Perry, 252 AD2d 990, lv denied 92 NY2d 929), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [a]).

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PEOPLE v. BROOKS
(Feb 6, 2009)