Opinion
577 KA 16–01119
04-27-2018
The PEOPLE of the State of New York, Respondent, v. Jonathan C. ROSSBOROUGH, Defendant–Appellant.
LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA (CARA A. WALDMAN OF COUNSEL), FOR DEFENDANT–APPELLANT. JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (ZACHARY S. MAURER OF COUNSEL), FOR RESPONDENT.
LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA (CARA A. WALDMAN OF COUNSEL), FOR DEFENDANT–APPELLANT.
JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (ZACHARY S. MAURER OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., DEJOSEPH, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
Memorandum:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a forged instrument in the second degree ( Penal Law § 170.25 ). Defendant correctly concedes that he failed to preserve for our review his contention that County Court erred in ordering him to pay a 10% surcharge in connection with the collection of restitution. Defendant did not object to the surcharge or otherwise raise the issue, despite having had an opportunity to do so (see People v. Kosty, 122 A.D.3d 1408, 1409, 996 N.Y.S.2d 449 [4th Dept. 2014], lv denied 24 N.Y.3d 1220, 4 N.Y.S.3d 608, 28 N.E.3d 44 [2015] ; People v. Kirkland, 105 A.D.3d 1337, 1338–1339, 963 N.Y.S.2d 793 [4th Dept. 2013], lv denied 21 N.Y.3d 1043, 972 N.Y.S.2d 540, 995 N.E.2d 856 [2013] ; cf. People v. Goodenow, 149 A.D.3d 1560, 1560–1561, 51 N.Y.S.3d 462 [4th Dept. 2017] ). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see People v. Camp, 134 A.D.3d 1470, 1471, 21 N.Y.S.3d 521 [4th Dept. 2015], lv denied 27 N.Y.3d 1066, 38 N.Y.S.3d 837, 60 N.E.3d 1203 [2016] ; cf. People v. Parker, 137 A.D.3d 1625, 1626–1627, 27 N.Y.S.3d 305 [4th Dept. 2016] ). Contrary to defendant's further contention, the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.