PEOPLE v. ANTOINE (2023)

Judgment, Supreme Court, Bronx County (Nicholas J. Iacovetta, J.), rendered September 15, 2017, convicting defendant, upon his plea of guilty, of robbery in the first degree, adjudicating him a youthful offender, and sentencing him to a conditional discharge, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 NY3d 545, 559–560 [2019], cert denied 589 U.S. ––––, 140 S Ct 2634 [2020];  People v. Lopez, 6 NY3d 248, 256 [2006]), which “preclude[s] review of [his] argument[ ] that the mandatory surcharges and fees imposed ․ at sentencing should be vacated based on his youthful offender status or pursuant to CPL 420.35(2–a)” (People v. Count C., 206 AD3d 496, 496 [1st Dept 2022], lv denied 38 NY3d 1187 [2022]).  In any event, we find no basis to vacate the surcharge and fees.