PEOPLE v. JOHNSON (2024)

Judgment, Supreme Court, New York County (Cori Weston, J.), rendered August 18, 2023, convicting defendant, upon his plea of guilty, of criminal possession of a firearm, and sentencing him to three years of probation, 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.

The record demonstrates that defendant validly waived his right to appeal (People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006]).  Contrary to defendant's contention, there was nothing misleading about the court's colloquy, and defendant confirmed that he had discussed the written waiver with his counsel (see People v. Thomas, 34 N.Y.3d 545, 560, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019]).  Thus, the valid waiver of appeal forecloses review of defendant's excessive sentence claim (see Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145).  In any event, we perceive no basis for reducing the sentence.

Based on our own interest of justice powers, we vacate the mandatory surcharge and fees imposed on defendant at sentencing (see People v. Chirinos, 190 A.D.3d 434, 135 N.Y.S.3d 641 [1st Dept. 2021]).  We note that the People do not oppose this relief.