People v Martinez

People v Martinez 2007 NY Slip Op 04173 [40 AD3d 359] May 15, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 11, 2007

The People of the State of New York, Respondent,
v
Michael Martinez, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), for respondent.

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered March 11, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of five years, unanimously affirmed.

For the reasons stated in our decision in People v Lemos (34 AD3d 343 [2006]), we conclude that defendant's constitutional challenge to the court's imposition of a mandatory surcharge and fees by way of a commitment sheet, as well as a worksheet signed by the Judge, is unpreserved and unavailing. Concur—Saxe, J.P., Nardelli, Gonzalez, Sweeny and Catterson, JJ.