Opinion
313 Ind. No. 1916/18 Case No. 2020–02156
05-25-2023
The PEOPLE of the State of New York, Respondent, v. Angel GOMEZ, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Danielle A. Bernstein of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Noah J. Sexton of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Danielle A. Bernstein of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Noah J. Sexton of counsel), for respondent.
Kapnick, J.P., Friedman, Gesmer, Mendez, Pitt–Burke, JJ.
Judgment, Supreme Court, Bronx County (Marsha D. Michael, J. at plea; Guy H. Mitchell, J. at sentencing), rendered February 25, 2020, convicting defendant of assault in the first degree, and sentencing him to a term of 3½ years, with 4 years' postrelease supervision, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 559–560, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020] ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), which forecloses review of his claim that his sentence was excessive, and also "precludes review of his argument that the mandatory surcharge and fees imposed at sentencing should be vacated pursuant to CPL 420.35(2–a)" ( People v. Santiago, 208 A.D.3d 1112, 1113, 175 N.Y.S.3d 36 [1st Dept. 2022], lv denied 39 N.Y.3d 1080, 184 N.Y.S.3d 295, 204 N.E.3d 1076 [2023] ; see also People v. Jones, 208 A.D.3d 1135, 174 N.Y.S.3d 573 [1st Dept. 2022], lv denied 39 N.Y.3d 986, 181 N.Y.S.3d 180, 201 N.E.3d 797 [2022] ). In any event, we find no basis to reduce the term of postrelease supervision, or to vacate the surcharge and fees in the interest of justice.