Appellate Division of the Supreme Court of New York, 2009

People v. Thomas

People v. Thomas
Appellate Division of the Supreme Court of New York · Decided May 19, 2009
62 A.D.3d 530; 878 N.Y.S.2d 619
People v. Thomas

Opinion of the Court

Judgments, *531Supreme Court, Bronx County (Efrain Alvarado, J.), rendered March 4, 2008, convicting defendant, upon his pleas of guilty, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of IV2 years, unanimously affirmed.

Defendant’s argument that his plea was rendered involuntary by the court’s failure to mention the mandatory surcharges and fees during the plea allocution is without merit (see People v Hoti, 12 NY3d 742 [2009]). Furthermore, the surcharges and fees were properly imposed (see People v Guerrero, 12 NY3d 45 [2009]).

Defendant’s excessive sentence claim is foreclosed by his valid waiver of his right to appeal. In any event, we perceive no basis to reduce the two-year term of postrelease supervision. Concur— Andrias, J.P., Saxe, Sweeny, Nardelli and Freedman, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.