Opinion
Nos. 16139 16139A Ind. Nos. 1212/17 1279/17 Case No. 2018-1636
06-16-2022
The People of the State of New York, Respondent, v. Count C., Defendant-Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Christopher Michael Pederson of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Christopher Michael Pederson of counsel), for respondent.
Before: Acosta, P.J., Kapnick, Friedman, Mendez, Higgitt, JJ.
Judgments, Supreme Court, Bronx County (Bahaati E. Pitt, J. at first plea; George Villegas, J. at second plea and sentencings), rendered July 17, 2017, convicting defendant, upon his pleas of guilty, of burglary in the third degree and robbery in the second degree, adjudicating him a youthful offender, and sentencing him to concurrent terms of five years' probation, unanimously affirmed.
Defendant's valid waivers of the right to appeal preclude review of his arguments that the mandatory surcharges and fees imposed on him at sentencing should be vacated based on his youthful offender status or pursuant to CPL 430.35(2-a) (see People v Montanez, 203 A.D.3d 755 [2d Dept 2022]; see also People v Muniz, 91 N.Y.2d 570, 574 [1998]; People v Seaberg, 74 N.Y.2d 1, 9-10 [1989]).