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People v. Calder

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 10, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
CHRISTOPHER CALDER, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered July 10, 2006, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him to a term of 3 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.

Friedman, J.P., McGuire, Acosta, DeGrasse, Freedman, JJ.

502/04

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 (People v Guerrero, NY3d , 2009 NY Slip Op 1242). Defendant's argument that his plea was rendered involuntary by the court's failure to mention the assessments during the plea allocution is without merit (People v Hoti, __ NY3d __, 2009 NY Slip Op 1249).

Regardless of whether the written waiver of defendant's right to appeal is valid, we perceive no basis to reduce the sentence.

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

20090310

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