New York: Danielle N. Kellogg scored a dead baby in her latest DWI; had prior DWI in 2009

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Danielle Kellogg was behind the wheel of a 2003 Ford Explorer SUV at about 9:05 a.m. Tuesday when she crossed over the center line of Southwestern Boulevard in Brant on the Seneca Cattaraugus Reservation, Erie County Sheriff’s officials said.
Danielle N. Kellog took her party on the highway and became a baby-killer

Judge allowed people to shield her from view of those in courtroom and to wear a “hoodie”
From Buffalo News

The woman charged with vehicular manslaughter and driving while intoxicated in a fatal crash that claimed the life of a 7-month old girl Tuesday morning was arrested on a DWI charge three years ago in Chautauqua County, records show.
Danielle N. Kellogg, 24, of Brant was pulled over by a Chautauqua County Sheriff’s deputy on Route 60 in the Town of Pomfret at about 4:19 a.m. Nov. 26, 2009, according to records obtained by The Buffalo News.
A deputy allegedly saw Kellogg crossed the center line and the fog line and stopped Kellogg. ….MORE

From Buffalo News

The mother of seven-month-old Baylee Marie Dion recalled her as a blue-eyed angel, “ripped from me” by a drunken driver guilty of “killing my perfect baby.”

Denise Hine, Baylee’s mother, asked a judge Wednesday to impose the maximum prison sentence upon Danielle N. Kellogg, who admitted causing the November crash that killed Baylee.

“This is a selfish person who needs to pay for her crime,” Hine told the judge.

Erie County Judge Michael D’Amico agreed with the request, sentencing Kellogg to 15 years in state prison.

Kellogg, 24, pleaded guilty to first-degree manslaughter in March.

“I wish every day I could take everything back and start over,” Kellogg tearfully said to Baylee’s family in the packed courtroom. “I’m sorry from the bottom of my heart. I’m sorry.”

“I know I did wrong,” Kellogg said. “I’m ready to do what I have to do. I’m sorry.”

People v Kellogg

Annotate this Case

People v Kellogg 2015 NY Slip Op 01010 Decided on February 6, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. 

Decided on February 6, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, CARNI, AND WHALEN, JJ. 
52 KA 14-01277 

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

v

DANIELLE KELLOGG, DEFENDANT-APPELLANT. 

Appeal from a judgment of the Erie County Court (Michael L. D’Amico, J.), rendered May 22, 2013. The judgment convicted defendant, upon her plea of guilty, of vehicular manslaughter in the first degree.

JOHN K. JORDAN, BUFFALO, FOR DEFENDANT-APPELLANT.

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DONNA A. MILLING OF COUNSEL), FOR RESPONDENT.

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

Memorandum: On appeal from a judgment convicting her upon her plea of guilty of vehicular manslaughter in the first degree (Penal Law § 125.13 [3]), defendant contends that the waiver of the right to appeal is not valid and challenges the severity of the sentence. Although the record establishes that defendant knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256), we conclude that the valid waiver of the right to appeal does not encompass the challenge to the severity of the sentence because “no mention was made on the record during the course of the allocution concerning the waiver of defendant’s right to appeal [her] conviction that [she] was also waiving [her] right to appeal the harshness of [her] sentence” (People v Pimentel, 108 AD3d 861, 862, lv denied 21 NY3d 1076; see People v Peterson, 111 AD3d 1412, 1412). Nevertheless, on the merits, we conclude that the sentence is not unduly harsh or severe.

Entered: February 6, 2015

Frances E. Cafarell

Clerk of the Court

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