Opinion
03-13-2024
The PEOPLE, etc., respondent, v. Quarnell THOMPSON, appellant.
Twyla Carter, New York, NY (Sarah Chaudhry of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Michael Lazard on the brief), for respondent.
Twyla Carter, New York, NY (Sarah Chaudhry of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Michael Lazard on the brief), for respondent.
MARK C. DILLON, J.P., PAUL WOOTEN, BARRY E. WARHIT, LILLIAN WAN, JJ.
DECISION & ORDER
Appeals by the defendant from two judgments of the Supreme Court, Queens County (Karen Gopee, J.), both rendered March 14, 2022, convicting him of criminal possession of a weapon in the second degree under Indictment No. 875/21, and criminal possession of a weapon in the second degree under Indictment No. 951/21, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are modified, as a matter of discretion in the interest of justice, by vacating the imposition of mandatory surcharges and fees; as so modified, the judgments are affirmed.
[1] Contrary to the defendant’s contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145). The defendant’s valid waiver of his right to appeal precludes appellate review of his contention that the sentences imposed were excessive (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).
[2] Based on the People’s consent, and pursuant to the exercise of our interest of justice jurisdiction, we modify the judgments by vacating the surcharges and fees imposed on the defendant at sentencing (see CPL 420.35[2–a][c]; see also People v. Hunter, 203 A.D.3d 752, 753, 160 N.Y.S.3d 640).
DILLON, J.P., WOOTEN, WARHIT and WAN, JJ., concur.