People v. Kamal

Full title: The People of the State of New York, respondent, v. Ahmed Kamal, appellant.

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Nov 23, 2016

2016 N.Y. Slip Op. 7978 (N.Y. App. Div. 2016)

Opinion

2015-07324

11-23-2016

The People of the State of New York, respondent, v. Ahmed Kamal, appellant.

Laurette Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Edward A. Bannan of counsel), for respondent.

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON COLLEEN D. DUFFY FRANCESCA E. CONNOLLY, JJ. (Ind. No. 1639/14)

Laurette Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Edward A. Bannan of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Cohen, J.), rendered January 22, 2015, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the mandatory surcharge and fees imposed at sentencing should be waived is unpreserved for appellate review (see People v Ruz, 70 NY2d 942, 943; People v Francis, 82 AD3d 1263; People v Ziolkowski, 9 AD3d 915) and, in any event, without merit (see CPL 420.35[2]; People v Jones, 26 NY3d 730; People v Bones, 52 AD3d 522, 523; People v Domin, 13 AD3d 391, 392; People v Owens, 10 AD3d 619).

CHAMBERS, J.P., DICKERSON, DUFFY and CONNOLLY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court