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People v. Bryant

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 15, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JAMAINE CHARLES BRYANT, DEFENDANT-APPELLANT.

Judgment, Supreme Court, Bronx County (John S. Moore, J.), rendered May 17, 2007, as amended May 21, 2007, convicting defendant, upon his plea of guilty, of two counts of rape in the first degree, and sentencing him to consecutive terms of 71/2 to 15 years, unanimously modified, on the law, to the extent of vacating the sex offender registration fee, and otherwise 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., Sweeny, Nardelli, Richter, Abdus-Salaam, JJ.

90118/05

Defendant made a valid waiver of his right to appeal, which forecloses his excessive sentence claim (see People v Lopez, 6 NY3d 248 [2006]). In any event, we perceive no basis for reducing the sentence.

As the People concede, since the crimes were committed prior to the effective date of the legislation providing for the imposition of a sex offender registration fee, that fee should not have been imposed.

The other surcharges and fees were properly imposed (see People v Guerrero, 12 NY3d 45 [2009]).

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

20091015

© 1992-2009 VersusLaw Inc.



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