PEOPLE v. CABRERA (2023)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County, (Toni M. Cimino, J.), rendered July 28, 2022, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the imposition of a mandatory surcharge and fees;  as so modified, the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 NY3d 545;  People v. Lopez, 6 NY3d 248).  The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 NY3d at 255).

Criminal Procedure Law § 420.35(2–a) permits the waiver of surcharges and fees for individuals, like the defendant, who were less than 21 years old at the time of the subject crime.  The People do not contend that review of this issue is precluded by the waiver of the right to appeal, and they consent to the waiver of the surcharges and fees.  Given the People's consent, and pursuant to the exercise of our interest of justice jurisdiction, we modify the judgment by vacating the surcharge and fees imposed (see CPL 420.35[2–a][c]).

DUFFY, J.P., FORD, DOWLING and VENTURA, JJ., concur.