PENN YAN — An Oneida County woman who caused a fatal Yates County crash in 2014 has dropped an effort to have her conviction vacated.
Yates County District Attorney Todd Casella said Sabrina Livermore recently discontinued what is called a 440 motion. Livermore’s attorney, John Cirando, filed the paperwork Oct. 30.
Livermore pleaded guilty to aggravated vehicular homicide and driving while intoxicated. The homicide charge is a class B felony punishable by up to 25 years in prison.
Livermore, who was 26 at the time of the crash, was sentenced by now retired Yates County Judge W. Patrick Falvey to 3-9 years in prison. She was released earlier this year.
The charges stem from a three-vehicle crash in the town of Milo. Livermore and three friends from Oneida County had just left a local winery, one of several they visited that day, when she failed to make a curve on Randall Crossing Road.
Her car skidded across a grassy area and over some railroad tracks before hitting a car on Route 14 driven by Cleo Pollack of Dundee. The impact pushed Pollack’s car into the wrong lane, where it was hit by a vehicle driven by Joseph Morin of Montour Falls.
Pollack’s sister, 55-year-old Roxan Meier of Dundee, was killed in the crash. Several other people were injured, including Livermore, who was supposed to be the group’s designated driver that day.
Distracted driving also played a role in the crash, as Livermore reportedly was trying to work a GPS system.
The Fourth Judicial Department of state Supreme Court’s Appellate Division unanimously upheld the conviction last year. Casella said Livermore later applied to have a hearing in county court to vacate the conviction.
“The People made it very clear that in the event she was successful with this (hearing) application, that there would be no negotiations for a lesser sentence than what she initially received,” Casella said. “In fact, the People made it clear that the defendant would not be offered anything short of a plea to the entire indictment and we would advocate for the maximum sentence. Ultimately, the defendant decided to forego the hearing that was scheduled on her motion, and to discontinue the motion.”