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People v. Calder

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 2009
60 A.D.3d 441 (N.Y. App. Div. 2009)

Opinion

No. 4820 502/04.

March 10, 2009.

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered July 10, 2006, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him to a term of three years, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Carol A. Zeldin of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Before: Friedman, J.P., McGuire, Acosta, DeGrasse and Freedman, JJ.


The imposition of mandatory surcharges and fees by way of court documents, but without mention in the court's oral pronouncement of sentence, was lawful ( People v Guerrero, 12 NY3d 45). Defendant's argument that his plea was rendered involuntary by the court's failure to mention the assessments during the plea allocution is without merit ( People v Hoti, 12 NY3d 742).

Regardless of whether the written waiver of defendant's right to appeal is valid, we perceive no basis to reduce the sentence.


Summaries of

People v. Calder

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 2009
60 A.D.3d 441 (N.Y. App. Div. 2009)
Case details for

People v. Calder

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER CALDER…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 10, 2009

Citations

60 A.D.3d 441 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1689
874 N.Y.S.2d 460

Citing Cases

People v. Calder

May 20, 2009. Appeal from the 1st Dept: 60 AD3d 441 (NY). (Lippman,…