People v Edwin Cruz

People v Cruz 2006 NY Slip Op 00170 [25 AD3d 565] January 10, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 22, 2006

The People of the State of New York, Respondent,
v
Edwin Cruz, Appellant.

—[*1]Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered January 22, 2004, convicting him of murder in the second degree, upon his plea of guilty, and imposing a sentence of 20 years to life, with a mandatory surcharge and crime victims assistance fee in the sum of $210.

Ordered that the judgment is modified, on the law, by reducing the mandatory surcharge and crime victims assistance fee from the sum of $210 to the sum of $155; as so modified, the judgment is affirmed.

As the People correctly concede, the Supreme Court erred in imposing a mandatory surcharge and crime victims assistance fee in the sum of $210 since Penal Law § 60.35 required a mandatory surcharge and crime victims assistance fee in the sum of $155 at the time the criminal acts underlying the instant convictions were committed (see Penal Law § 60.35; People v Moye, 4 AD3d 488, 489 [2004]).

The issue of the excessiveness of the defendant's sentence is not properly before this Court since he waived his right to appeal. [*2]

The defendant's remaining contention is without merit. Crane, J.P., Luciano, Skelos and Lifson, JJ., concur.