PEOPLE v. GERMINARIO (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Michael J. Yavinsky, J.), rendered May 10, 2023, convicting her of robbery in the third degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates that she knowingly, voluntarily, and intelligently waived her right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;  People v. Poncedeleon, 235 A.D.3d 660, 225 N.Y.S.3d 383).  The defendant's valid waiver of her right to appeal precludes appellate review of her contentions that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;  People v. Lowe, 216 A.D.3d 670, 671, 188 N.Y.S.3d 161) and that the mandatory surcharge and fees imposed at sentencing should be waived pursuant to CPL 420.35(2–a) (see People v. Malary, 213 A.D.3d 774, 775, 181 N.Y.S.3d 468;  People v. Martinez, 210 A.D.3d 1008, 1008, 176 N.Y.S.3d 920).

Accordingly, we affirm the judgment.

BARROS, J.P., IANNACCI, WAN and GOLIA, JJ., concur.