Opinion
11-23-2016
Laurette Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.
Laurette Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.
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 N.Y.2d 942, 943, 524 N.Y.S.2d 668, 519 N.E.2d 614 ; People v. Francis, 82 A.D.3d 1263, 919 N.Y.S.2d 394 ; People v. Ziolkowski, 9 A.D.3d 915, 779 N.Y.S.2d 708 ) and, in any event, without merit (see CPL 420.35[2] ; People v. Jones, 26 N.Y.3d 730, 27 N.Y.S.3d 431, 47 N.E.3d 710 ; People v. Bones, 52 A.D.3d 522, 523, 860 N.Y.S.2d 124 ; People v. Domin, 13 A.D.3d 391, 392, 785 N.Y.S.2d 531 ; People v. Owens, 10 A.D.3d 619, 781 N.Y.S.2d 454 ).
CHAMBERS, J.P., DICKERSON, DUFFY and CONNOLLY, JJ., concur.