Opinion
16450 SCI. No. 693/15 Case No. 2018–162
10-18-2022
The PEOPLE of the State of New York, Respondent, v. Markis DRUMMOND, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Richard Joselson of counsel) and DLA Piper LLP (US), New York (Marc A. Silverman of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Reva Grace Phillips of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Richard Joselson of counsel) and DLA Piper LLP (US), New York (Marc A. Silverman of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Reva Grace Phillips of counsel), for respondent.
Manzanet–Daniels, J.P., Mazzarelli, Oing, Kennedy, Mendez, JJ.
Judgment, Supreme Court, Bronx County (Shari R. Michaels, J. at plea; John S. Moore, J. at sentencing), rendered May 5, 2016, convicting defendant of assault in the second degree, and sentencing him to a term of three years, unanimously affirmed.
Defendant validly waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S. Ct. 2634, 206 L.Ed.2d 512 [2020] ; People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ), which forecloses review of his excessive sentence claim. As an alternate holding, we perceive no basis for reducing the sentence.
Defendant's valid waiver of his right to appeal also forecloses review of his argument that the mandatory surcharge and fees imposed at sentencing should be waived pursuant to CPL 420.35(2–a) (see People v. Diaz, 205 A.D.3d 624, 166 N.Y.S.3d 857 [1st Dept. 2022], lv denied 38 N.Y.3d 1133, 193 N.E.3d 528 [2022] ). "A defendant's valid waiver of the right to appeal includes waiver of the right to invoke the Appellate Division's interest-of-justice jurisdiction" ( People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ).