Opinion
KA 17–02223 153
02-01-2019
The PEOPLE of the State of New York, Respondent, v. Kayla M. DAMON, Defendant–Appellant.
DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (THERESA L. PREZIOSO OF COUNSEL), FOR DEFENDANT–APPELLANT. CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (MARY–JEAN BOWMAN OF COUNSEL), FOR RESPONDENT.
DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (THERESA L. PREZIOSO OF COUNSEL), FOR DEFENDANT–APPELLANT.
CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (MARY–JEAN BOWMAN OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, of rape in the second degree ( Penal Law § 130.30 [1 ] ). Defendant validly waived her right to appeal, and that waiver forecloses her challenge to the severity of her sentence (see People v. Alfiere, 156 A.D.3d 1445, 1445–1446, 65 N.Y.S.3d 865 [4th Dept. 2017], lv denied 31 N.Y.3d 980, 77 N.Y.S.3d 658, 102 N.E.3d 435 [2018] ). Finally, we note that the "certificate of disposition" incorrectly states that County Court assessed only a $325 "surcharge" at sentencing. In fact, the court assessed a $300 mandatory surcharge, a $50 DNA databank fee, a $25 crime victim assistance fee, a $50 sex offender registration fee, and a $1,000 supplemental sex offender victim fee, and the certificate must be amended accordingly (see People v. Cutaia, 167 A.D.3d 1534, 1536, 90 N.Y.S.3d 444 [4th Dept. 2018] ).