Opinion
2022–02628 Ind. No. 1097/20
11-23-2022
The PEOPLE, etc., respondent, v. Jonathan MARTINEZ, appellant.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Rachel Raimondi of counsel; Mallory Phelps on the brief), for respondent.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Rachel Raimondi of counsel; Mallory Phelps on the brief), for respondent.
COLLEEN D. DUFFY, J.P., ROBERT J. MILLER, DEBORAH A. DOWLING, BARRY E. WARHIT, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Jane Tully, J.), rendered March 25, 2022, convicting him of robbery in the third degree and attempted assault in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 565–566, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Montanez, 203 A.D.3d 755, 160 N.Y.S.3d 659 ; People v. Headley, 197 A.D.3d 1329, 1329–1330, 151 N.Y.S.3d 905 ). The defendant's valid waiver of the right to appeal precludes appellate review of his contention that he should be relieved of the $300 mandatory surcharge, $50 DNA databank fee, and $25 crime victim assistance fee pursuant to CPL 420.35(2–a) (see People v. Montanez, 203 A.D.3d 755, 160 N.Y.S.3d 659 ; People v. Wilson, 168 A.D.3d 889, 890, 89 N.Y.S.3d 919 ; People v. Logan, 125 A.D.3d 688, 999 N.Y.S.2d 753 ).
DUFFY, J.P., MILLER, DOWLING and WARHIT, JJ., concur.