| People v Quishana M. |
| 2008 NY Slip Op 03769 [50 AD3d 1513] |
| April 25, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Quishana M.,Appellant. |
—[*1] Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), forrespondent.
Appeal from an adjudication of the Erie County Court (Shirley Troutman, J.), renderedDecember 6, 2006. Defendant was adjudicated a youthful offender upon her plea of guilty ofassault in the first degree.
It is hereby ordered that the adjudication so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a youthful offender adjudication based upon her pleaof guilty of assault in the first degree (Penal Law § 120.10 [1]). Contrary to the contentionof defendant, the plea colloquy establishes that her waiver of the right to appeal was voluntary,knowing, and intelligent (see People v Lococo, 92 NY2d 825, 827 [1998]; People vCallahan, 80 NY2d 273, 280 [1992]; People v Lovett, 8 AD3d 1007 [2004], lv denied 3 NY3d677 [2004]). The valid waiver by defendant of her right to appeal encompasses her challenge tothe severity of the sentence (see Peoplev Lopez, 6 NY3d 248, 256 [2006]; People v Hidalgo, 91 NY2d 733, 737[1998]). Defendant further contends that County Court erred in imposing the mandatorysurcharge and crime victim assistance fee because she made restitution at the time of sentencing.Although that contention survives her waiver of the right to appeal (see People v Figueroa, 17 AD3d1130 [2005], lv denied 5 NY3d 788 [2005]), defendant failed to object to thesurcharge or fee and thus failed to preserve her contention for our review (see People v Stuart, 30 AD3d1049 [2006]; Figueroa, 17 AD3d 1130 [2005]; People v Saladeen, 12 AD3d 1179, 1180-1181 [2004], lvdenied 4 NY3d 767 [2005]). In any event, that contention is without merit. Defendant maderestitution only to the victim of an offense that she committed while she was released on bail forthe instant offense. Because restitution was not ordered or made to the victim of the instantoffense, the court properly imposed the surcharge and fee (see generally Penal Law§ 60.35 [6]). Present—Scudder, P.J., Smith, Centra, Peradotto and Pine, JJ.