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People v. Hickman

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 18, 2008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ROBERT HICKMAN, ETC., DEFENDANT-APPELLANT.

Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered October 22, 2007, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 4 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Gonzalez, Catterson, McGuire, Acosta, JJ.

4391/06

At the first of two plea proceedings in this case, defendant made a valid waiver of his right to appeal. Since the second proceeding expressly incorporated by reference the allocution conducted at the first proceeding, defendant's waiver of his right to appeal is enforceable (see People v Morrison, 48 AD3d 288 [2008], lv denied 10 NY3d 867 [2008]; People v Givens, 36 AD3d 454 [2007], lv denied 8 NY3d 922 [2007]). In any event, regardless of whether defendant has validly waived his right to appeal, we reject both of the issues he raises. The imposition of mandatory surcharges and fees by way of court documents, but without mention in the court's oral pronouncement of sentence, was lawful (see People v Harris, 51 AD3d 523 [2008], lv denied 10 NY3d 935 [2008]), and we perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081218

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