PEOPLE v. WASHINGTON (2025)

Judgments, Supreme Court, Bronx County (Alvin Yearwood, J., at plea, Albert Lorenzo, J. at sentencing), rendered June 6, 2022, convicting defendant of attempted criminal possession of a weapon in the second degree and robbery in the third degree, and sentencing him to an aggregate term of two years followed by two years of postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharges and fees imposed at sentencing, and otherwise affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 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];  People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006];  see also People v. Nunez, 220 A.D.3d 597, 597–598, 197 N.Y.S.3d 61 [1st Dept. 2023], lv denied 41 N.Y.3d 1004, 213 N.Y.S.3d 222, 236 N.E.3d 1240 [2024]).  Defendant's valid waiver of his right to appeal forecloses appellate review of his contention that his period of postrelease supervision was excessive (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).  Defendant's excessive sentence claim is also moot because he has completed his entire sentence, including postrelease supervision (People v. Montero, 197 A.D.3d 1072, 1073, 154 N.Y.S.3d 63 [1st Dept. 2021], lv denied 37 N.Y.3d 1147, 159 N.Y.S.3d 342, 180 N.E.3d 506 [2021]).

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