People v Hickman

People v Hickman 2008 NY Slip Op 09930 [57 AD3d 370] December 18, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

The People of the State of New York, Respondent,
v
Robert Hickman, Also Known as Charles Hickman, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Carol A. Zeldin of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Dana Levin of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered October 22, 2007, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of four years, unanimously affirmed.

At the first of two plea proceedings in this case, defendant made a valid waiver of his right to appeal. Since the second proceeding expressly incorporated by reference the allocution conducted at the first proceeding, defendant's waiver of his right to appeal is enforceable (see People v Morrison, 48 AD3d 288 [2008], lv denied 10 NY3d 867 [2008]; People v Givens, 36 AD3d 454 [2007], lv denied 8 NY3d 922 [2007]). In any event, regardless of whether defendant has validly waived his right to appeal, we reject both of the issues he raises. 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 (see People v Harris, 51 AD3d 523 [2008], lv denied 10 NY3d 935 [2008]), and we perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Gonzalez, Catterson, McGuire and Acosta, JJ.