Opinion
08-31-2016
The PEOPLE, etc., respondent, v. Kioko VINZANT, appellant.
Laurette Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Thomas Constant of counsel), for respondent.
Laurette Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Thomas Constant of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Efman, J.), rendered June 18, 2015, convicting him of attempted assault in the second degree and harassment in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ).
The defendant's contention that the money judgments entered to secure his payment of the mandatory surcharge and fees imposed at sentencing were unduly burdensome is not encompassed by his waiver of the right to appeal (see generally People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ; People v. Sheats, 138 A.D.3d 894, 28 N.Y.S.3d 324 ). However, this contention is unpreserved for appellate review (see People v. Ruz, 70 N.Y.2d 942, 943, 524 N.Y.S.2d 668, 519 N.E.2d 614 ; People v. Norelius, 140 A.D.3d 799, 30 N.Y.S.3d 908 ), and, in any event, without merit (see CPL 420.35[2] ; People v. Norelius, 140 A.D.3d at 799, 30 N.Y.S.3d 908; People v. Bones, 52 A.D.3d 522, 523, 860 N.Y.S.2d 124 ).
ENG, P.J., AUSTIN, ROMAN, MALTESE and DUFFY, JJ., concur.