PEOPLE v. QUISHANA (2008)

 Defendant appeals from a youthful offender adjudication based upon her plea of guilty of assault in the first degree (Penal Law § 120.10[1] ).   Contrary to the contention of defendant, the plea colloquy establishes that her waiver of the right to appeal was voluntary, knowing, and intelligent (see People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416;   People v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108;   People v. Lovett, 8 A.D.3d 1007, 778 N.Y.S.2d 243, lv. denied 3 N.Y.3d 673, 677, 784 N.Y.S.2d 12, 15, 817 N.E.2d 830, 833).   The valid waiver by defendant of her right to appeal encompasses her challenge to the severity of the sentence (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;  People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46).   Defendant further contends that County Court erred in imposing the mandatory surcharge and crime victim assistance fee because she made restitution at the time of sentencing.   Although that contention survives her waiver of the right to appeal (see People v. Figueroa, 17 A.D.3d 1130, 794 N.Y.S.2d 262, lv. denied 5 N.Y.3d 788, 801 N.Y.S.2d 809, 835 N.E.2d 669), defendant failed to object to the surcharge or fee and thus failed to preserve her contention for our review (see People v. Stuart, 30 A.D.3d 1049, 815 N.Y.S.2d 849;  Figueroa, 17 A.D.3d 1130, 794 N.Y.S.2d 262;  People v. Saladeen, 12 A.D.3d 1179, 1180-1181, 785 N.Y.S.2d 250, lv. denied 4 N.Y.3d 767, 792 N.Y.S.2d 11, 825 N.E.2d 143).   In any event, that contention is without merit.   Defendant made restitution only to the victim of an offense that she committed while she was released on bail for the instant offense.   Because restitution was not ordered or made to the victim of the instant offense, the court properly imposed the surcharge and fee (see generally § 60.35[6] ).

It is hereby ORDERED that the adjudication so appealed from is unanimously affirmed.

MEMORANDUM: