PEOPLE v. HICKMAN (2008)

Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered October 22, 2007, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 4 years, unanimously affirmed.

 At the first of two plea proceedings in this case, defendant made a valid waiver of his right to appeal.   Since the second proceeding expressly incorporated by reference the allocution conducted at the first proceeding, defendant's waiver of his right to appeal is enforceable (see People v. Morrison, 48 A.D.3d 288, 851 N.Y.S.2d 496 [2008], lv. denied 10 N.Y.3d 867, 860 N.Y.S.2d 494, 890 N.E.2d 257 [2008];  People v. Givens, 36 A.D.3d 454, 831 N.Y.S.2d 30 [2007], lv. denied 8 N.Y.3d 922, 834 N.Y.S.2d 513, 866 N.E.2d 459 [2007] ).   In any event, regardless of whether defendant has validly waived his right to appeal, we reject both of the issues he raises.   The imposition of mandatory surcharges and fees by way of court documents, but without mention in the court's oral pronouncement of sentence, was lawful (see People v. Harris, 51 A.D.3d 523, 857 N.Y.S.2d 562 [2008], lv. denied 10 N.Y.3d 935, 862 N.Y.S.2d 341, 892 N.E.2d 407 [2008] ), and we perceive no basis for reducing the sentence.