Opinion

People v. Brown

  • 44 A.D.3d 595
  • 843 N.Y.S.2d 829
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Oct 30, 2007
Status
Published
Cited by
0 cases
Authority
More cited than 0.2%

The opinion

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered March 9, 2006, convicting defendant, upon her plea of guilty, of assault in the first degree, and sentencing her, as a second violent felony offender, to a term of 10 years, unanimously affirmed.

Defendant claims that the court unlawfully imposed a mandatory surcharge and fees when it did so in writing, without including the surcharge and fees in its oral pronouncement of sentence. For the reasons stated in our decision in People v Lemos ( 34 AD3d 343 [2006]), we find that claim to be unpreserved. Were we to review it, we would find it lacking in merit (id.). We note, moreover, that the imposition of the surcharge and fees was a ministerial matter (cf. People v Williams, 44 AD3d 335 [2007]). Concur—Andrias, J.P., Marlow, Nardelli, Sweeny and McGuire, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.