PEOPLE v. DEJESUS (2023)

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

The PEOPLE of the State of New York, Respondent, v. Jonaivy DEJESUS, Defendant–Appellant.

533 Decided: June 22, 2023

Kern, J.P., Friedman, Mendez, Rodriguez, JJ.

Twyla Carter, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Amir Khedmati of counsel), for respondent.

Judgment, Supreme Court, Bronx County (George R. Villegas, J.), rendered November 20, 2017, convicting defendant, upon his plea of guilty plea, of attempted robbery in the first degree, and sentencing him to a term of four years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 564, 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]), which precludes review of his argument that the surcharge and fee imposed at sentencing should be vacated pursuant to CPL 420.35(2–a) (see People v. Jones, 208 A.D.3d 1135, 1136, 174 N.Y.S.3d 573 [ 1st Dept. 2022], lv denied 39 N.Y.3d 986, 181 N.Y.S.3d 180, 201 N.E.3d 797 [2022]; People v. Count C., 206 A.D.3d 496, 168 N.Y.S.3d 320 [1st Dept. 2022], lv denied 38 N.Y.3d 1187, 176 N.Y.S.3d 211, 197 N.E.3d 491 [2022]).

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