Opinion
15658 Ind. No. 48/18 Case No. 2018–4655
04-05-2022
The PEOPLE of the State of New York, Respondent, v. Brandon GARCIA, Defendant–Appellant.
Caprice R. Jenerson, Office of the Appellate Defender, New York (Victorien Wu of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.
Caprice R. Jenerson, Office of the Appellate Defender, New York (Victorien Wu of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.
Webber, J.P., Singh, Gonza´lez, Kennedy, Higgitt, JJ.
Judgment, Supreme Court, New York County (Felicia Mennin, J. at plea; Ellen N. Biben, J. at sentencing), rendered July 17, 2018, convicting defendant of conspiracy in the second degree, and sentencing him to a term of one to three years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fees imposed at sentencing, and otherwise affirmed.
Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019] ; People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ), which forecloses review of his excessive sentence claim. To the extent that the oral colloquy was insufficient, it was supplemented by a sufficient written waiver that defendant signed after a full opportunity to consult with counsel.
In any event, we perceive no basis for reducing the sentence.
Based on our own interest of justice powers and the People's consent, we vacate the surcharge and fees imposed at sentencing (see People v. Chirinos, 190 A.D.3d 434, 135 N.Y.S.3d 641 [1st Dept. 2021] ).