People v Jackson

People v Jackson 2015 NY Slip Op 08962 Decided on December 8, 2015 Appellate Division, First Department 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.

Decided on December 8, 2015
Sweeny, J.P., Acosta, Andrias, Moskowitz, JJ.
16331 5625/12

[*1] The People of the State of New York, Respondent,

v

Johnny Jackson, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Lauren Springer of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sylvia Wertheimer of counsel), for respondent.

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered August 14, 2014, convicting defendant, upon his plea of guilty, of sex trafficking, and sentencing him, as a second felony offender, to a term of 9 to 18 years, unanimously modified, on the law, to the extent of vacating the supplemental sex offender fee, and otherwise affirmed.

Although we do not find that defendant made a valid waiver of his right to appeal, we perceive no basis for reducing the sentence. As the People concede, the imposition of a supplemental sex offender fee, as reflected in the Uniform

Sentence and Commitment Sheet, should be vacated because sex trafficking is not one of the enumerated offenses for which that fee may be imposed (see Penal Law § 60.35[1][b]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 8, 2015

CLERK