PEOPLE v. CALDER (2009)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Christopher CALDER, Defendant-Appellant.

Decided: March 10, 2009

FRIEDMAN, J.P., McGUIRE, ACOSTA, DeGRASSE, FREEDMAN, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Carol A. Zeldin of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered July 10, 2006, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him to a term of 3 years, unanimously affirmed.

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 (People v. Guerrero, 12 N.Y.3d 45, --- N.Y.S.2d ----, ---N.E.2d ----). Defendant's argument that his plea was rendered involuntary by the court's failure to mention the assessments during the plea allocution is without merit (People v. Hoti, --- N.Y.3d ----, --- N.Y.S.2d ----, ---N.E.2d ----, 2009 N.Y. Slip Op. 1249, 2009 WL 395184).

Regardless of whether the written waiver of defendant's right to appeal is valid, we perceive no basis to reduce the sentence.

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