PEOPLE v. LEGGETT (2023)

Judgment, Supreme Court, New York County (Neil E. Ross, J.), rendered May 25, 2022, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a prison term of 3 years, followed by 11/212 years of postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge and fees imposed at sentencing, and otherwise affirmed.

Defendant made a valid waiver of his right to appeal, and we reject his challenges to the validity of the waiver (see People v. Thomas, 34 N.Y.3d 545, 559, 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]).  This waiver “forecloses appellate review of a sentencing court's discretionary decision to deny youthful offender status” (see People v. Derryan J., 157 A.D.3d 540, 540, 69 N.Y.S.3d 290 [1st Dept. 2018], lv denied 31 N.Y.3d 1012, 78 N.Y.S.3d 282, 102 N.E.3d 1063 [2018]).

Defendant's valid waiver of his right to appeal also forecloses review of his excessive sentence claim (see People v. Gonzalez, 178 A.D.3d 440, 111 N.Y.S.3d 171 [1st Dept. 2019], lv denied 35 N.Y.3d 941, 124 N.Y.S.3d 292, 147 N.E.3d 562 [2020]).  In any event, we perceive no basis for reducing the sentence.

Based on our own interest of justice powers, and with the People's consent, we vacate the mandatory surcharge and fees imposed at sentencing (see People v. Chirinos, 190 A.D.3d 434, 135 N.Y.S.3d 641 [1st Dept. 2021]).

We have considered defendant's remaining contentions and find them unavailing.