Opinion
1046 KA 22-00078
02-03-2023
The PEOPLE of the State of New York, Respondent, v. Naquantea BOWMAN, Defendant-Appellant.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (CHRISTINE M. COOK OF COUNSEL), FOR DEFENDANT-APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (KENNETH H. TYLER, JR., OF COUNSEL), FOR RESPONDENT.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (CHRISTINE M. COOK OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (KENNETH H. TYLER, JR., OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, CURRAN, AND OGDEN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of manslaughter in the first degree ( Penal Law § 125.20 [1] ), arising from defendant's fatal shooting of the victim on a street from the rear passenger side window of a vehicle. We affirm.
Initially, as defendant contends and the People correctly concede, defendant did not validly waive his right to appeal (see People v. Thomas , 34 N.Y.3d 545, 564-566, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied ––– U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020] ; People v. Lopez , 6 N.Y.3d 248, 256-257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Murray , 197 A.D.3d 1017, 1017, 152 N.Y.S.3d 761 [4th Dept. 2021], lv denied 37 N.Y.3d 1147, 159 N.Y.S.3d 342, 180 N.E.3d 506 [2021] ). Contrary to defendant's contention, however, we conclude that the negotiated sentence is not unduly harsh or severe. Finally, defendant failed to preserve for our review his contention that County Court should have waived the mandatory surcharge, crime victim assistance fee, and DNA databank fee pursuant to CPL 420.35 (2-a) (see CPL 470.05 [2] ; People v. Shaw , 90 N.Y.2d 879, 880, 661 N.Y.S.2d 824, 684 N.E.2d 273 [1997] ), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c] ).