People v Correa

2008 NY Slip Op 06305

Decided on July 15, 2008

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 15, 2008
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
FRED T. SANTUCCI, J.P.
DANIEL D. ANGIOLILLO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
2007-02699






Lynn W. L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Maria Park of counsel;
Robert Ho on the brief), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Konviser, J.), rendered February 8, 2007, convicting him of grand larceny in the fourth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid and unrestricted written waiver of his right to appeal, as part of his plea agreement, precludes appellate review of his claim that the payment of the mandatory surcharges should have been deferred until he was released on parole (see generally People v Ruiz, 48 AD3d 834; People v Pizzaro, 45 AD3d 609; People v Quashie, 42 AD3d 578).
SANTUCCI, J.P., ANGIOLILLO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court