Opinion
2019–12663, 2019–12664 Ind. Nos. 851/18, 5975/18
05-04-2022
The PEOPLE, etc., respondent, v. Noe ZAPATA, appellant.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, and Melissa Wachs of counsel), for respondent.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, and Melissa Wachs of counsel), for respondent.
FRANCESCA E. CONNOLLY, J.P., JOSEPH J. MALTESE, LARA J. GENOVESI, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeals by the defendant from two judgments of the Supreme Court, Kings County (Sharen D. Hudson, J.), both rendered September 24, 2019, convicting him of attempted robbery in the second degree under Indictment No. 5975/18, and criminal possession of a firearm under Indictment No. 851/18, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The defendant has completed the term of imprisonment imposed upon his conviction of attempted robbery in the second degree and, thus, his contention that this portion of the sentence was excessive has been rendered academic (see People v. Stewart, 188 A.D.3d 932, 933, 132 N.Y.S.3d 325 ; People v. Worrell, 158 A.D.3d 828, 828, 68 N.Y.S.3d 915 ; People v. Stockinger, 131 A.D.3d 550, 551, 14 N.Y.S.3d 712 ). The period of postrelease supervision imposed upon this conviction was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
We decline to reach, in the exercise of our interest of justice jurisdiction, the defendant's unpreserved contention seeking vacatur of the surcharges and fees levied at sentencing (see People v. Reeves, 203 A.D.3d 1181, 163 N.Y.S.3d 439, 2022 N.Y. Slip Op. 02137 [2d Dept.] ; People v. Attah, 203 A.D.3d 1063, 162 N.Y.S.3d 784, 2022 N.Y. Slip Op. 02011 [2d Dept.] ).
CONNOLLY, J.P., MALTESE, GENOVESI and FORD, JJ., concur.