| People v Shorter |
| 2013 NY Slip Op 03860 [106 AD3d 1115] |
| May 29, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Johnny Shorter, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Noll and Ezra E.Zonana of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Honorof, J.), rendered January 11, 2012, convicting him of attempted criminalpossession of a weapon in the second degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant argues that the Supreme Court improperly denied his motion to vacatehis plea of guilty, which was based on his contention that his counsel renderedineffective assistance. The defendant's claim of ineffectiveness survives his valid waiverof his right to appeal since it affects the voluntariness of the plea (see People v Perazzo, 65AD3d 1058 [2009]). Nevertheless, the Supreme Court properly denied thedefendant's motion to vacate his plea on that basis without a hearing since the motionwas supported by only conclusory and unsubstantiated allegations (see People v Johnson, 97AD3d 695 [2012]; People vDouglas, 83 AD3d 1092 [2011]).
The defendant failed to preserve for appellate review his contention that his plea wasinvoluntarily obtained because he was not advised before pleading guilty that he wouldbe required to pay a mandatory surcharge, DNA fee, and crime victims' assistance fee (see People v Decker, 77 AD3d675 [2010]; People vBrady, 59 AD3d 748 [2009]), and that contention is, in any event, without merit(see People v Guerrero, 12NY3d 45, 47 [2009]).
The defendant's remaining contention is without merit.
To the extent the defendant challenges an order of the Supreme Court dated April 10,2012, denying his pro se motion to vacate the judgment pursuant to CPL 440.10, hisfailure to obtain leave to appeal from that order forecloses review of it (see CPL450.15; 460.15; People v Alexis, 295 AD2d 529 [2002]). Angiolillo, J.P.,Chambers, Hall and Roman, JJ., concur.