NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
May 19, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
STEVEN THOMAS, DEFENDANT-APPELLANT.
Judgments, Supreme 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 11/2 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.
Andrias, J.P., Saxe, Sweeny, Nardelli, Freedman, JJ.
3193/06 & 1131/07
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 ). Furthermore, the surcharges and fees were properly imposed (see People v Guerrero, 12 NY3d 45 ). 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 post-release supervision.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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