| People v Hickman |
| 2008 NY Slip Op 09930 [57 AD3d 370] |
| December 18, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Robert Hickman, Also Known as Charles Hickman,Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Dana Levin of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered October 22, 2007,convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, andsentencing him, as a second felony offender, to a term of four years, unanimously affirmed.
At the first of two plea proceedings in this case, defendant made a valid waiver of his right toappeal. Since the second proceeding expressly incorporated by reference the allocution conductedat the first proceeding, defendant's waiver of his right to appeal is enforceable (see People v Morrison, 48 AD3d288 [2008], lv denied 10 NY3d 867 [2008]; People v Givens, 36 AD3d 454 [2007], lv denied 8 NY3d922 [2007]). In any event, regardless of whether defendant has validly waived his right to appeal,we reject both of the issues he raises. The imposition of mandatory surcharges and fees by way ofcourt documents, but without mention in the court's oral pronouncement of sentence, was lawful(see People v Harris, 51 AD3d523 [2008], lv denied 10 NY3d 935 [2008]), and we perceive no basis for reducingthe sentence. Concur—Mazzarelli, J.P., Gonzalez, Catterson, McGuire and Acosta, JJ.