| People v Brown |
| 2010 NY Slip Op 00300 [69 AD3d 466] |
| January 14, 2010 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Kenneth Brown, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), forrespondent.
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered August 19,2008, convicting defendant, upon his plea of guilty, of burglary in the second degree, andsentencing him, as a second violent felony offender, to a term of five years, unanimouslyaffirmed.
Although defendant has appealed from his judgment of conviction, the only issue he raisesrelates to the court's denial of his postjudgment CPL 420.40 motion that sought a financialhardship hearing to defer or vacate the mandatory surcharges and fees that had been imposed atthe time of sentence. Although an appeal from a judgment of conviction brings up for review theimposition of fees and surcharges (People v Hernandez, 93 NY2d 261, 268 [1999]),defendant does not challenge the sentencing court's imposition of these assessments. The orderdenying the motion was not part of the judgment and is otherwise not a legislatively authorizedbasis for a criminal appeal (see CPL 450.10; People v Stevens, 91 NY2d 270,277 [1998]). An order denying a defendant's postconviction application for relief from an aspectof the judgment cannot be viewed as part of the preexisting judgment. Since defendant has notraised any reviewable issue, we affirm (see People v Callahan, 80 NY2d 273, 285[1992]). Concur—Andrias, J.P., McGuire, Moskowitz, Freedman and RomÁn, JJ.