Opinion
No. 16853 Ind No. 354/17 Case No. 2019-5869
01-05-2023
The People of the State of New York, Respondent, v. Justin Alvarez, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Katherine Triffon of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Katherine Triffon of counsel), for respondent.
Before: Kern, J.P., Gesmer, Kennedy, Scarpulla, Rodriguez, JJ.
Judgment, Supreme Court, Bronx County (Barry E. Warhit, J.), rendered March 20, 2019, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to five years' probation, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 N.Y.3d 545, 559 [2019], cert denied 589 U.S. __, 140 S.Ct. 2634 [2020]; People v Lopez, 6 N.Y.3d 248, 256 [2006]), which forecloses review of his argument that the mandatory surcharge and fees imposed at sentencing should be vacated pursuant to CPL 420.35 (2-a) (see People v Diaz, 205 A.D.3d 624 [1st Dept 2022], lv denied 38 N.Y.3d 1133 [2022]).