Opinion
17100 Ind. No. 2010/17 Case No. 2018-2450
01-17-2023
The PEOPLE of the State of New York, Respondent, v. SHAWN N., Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Hannah Gladstein of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Rafael A. Curbelo of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Hannah Gladstein of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Rafael A. Curbelo of counsel), for respondent.
Kapnick, J.P., Friedman, Kennedy, Mendez, Shulman, JJ.
Judgment, Supreme Court, Bronx County (George R. Villegas, J.), rendered November 28, 2017, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, adjudicating him a youthful offender, and sentencing him to a conditional discharge for a period of three years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 564, 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] ), which precludes review of his argument that the surcharge and fees imposed at sentencing should be vacated pursuant to CPL 420.35(2–a) (see People v. Jones, 208 A.D.3d 1135, 1136, 174 N.Y.S.3d 573 [2022] ; People v. Count C., 206 A.D.3d 496, 168 N.Y.S.3d 320 [1st Dept. 2022], lv denied 38 N.Y.3d 1187, 176 N.Y.S.3d 211, 197 N.E.3d 491 [2022] ). In any event, we find no basis to vacate defendant's surcharge and fees in the interest of justice (see Jones, 208 A.D.3d at 1136, 174 N.Y.S.3d 573 ).