People v Guerrero

2007 NY Slip Op 08367 [45 AD3d 313]

November 8, 2007

Appellate Division, First Department

As corrected through Wednesday, January 16, 2008

The People of the State of New York, Respondent, v FelixSoriano Guerrero, Appellant.

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

Robert M. Morgenthau, District Attorney, New York (Richard Nahas of counsel), forrespondent.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered September 11,2006, convicting defendant, upon his plea of guilty, of murder in the second degree, andsentencing him to a term of 19 years to life, unanimously affirmed.

We perceive no basis for reducing the sentence.

Defendant's claim regarding the imposition of a mandatory surcharge and fees is unpreservedand we decline to review it in the interest of justice. Were we to review this claim, we wouldreject it (see People v Lemos, 34AD3d 343 [2006], lv denied 8 NY3d 924 [2007]). Concur—Mazzarelli, J.P.,Marlow, Williams, Catterson and Kavanagh, JJ.