| People v Rodriguez |
| 2018 NY Slip Op 04444 [162 AD3d 513] |
| June 14, 2018 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Jonathan Rodriguez, Appellant. |
Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (David P. Stromes of counsel), forrespondent.
Judgment, Supreme Court, New York County (Melissa C. Jackson, J.), rendered January 21,2016, convicting defendant, upon his plea of guilty, of attempted criminal possession of aweapon in the third degree, and sentencing him, as a second felony offender, to a term of two tofour years, unanimously affirmed.
Defendant was sentenced in accordance with CPL 390.20 (1), which requires a presentencereport. When viewed in light of the presumption of regularity, the record, including thepresentence report itself and the sentence and commitment sheet, supports the conclusion that thecourt received the report before it pronounced sentence (see People v Nazario, 253 AD2d726 [1st Dept 1998]).
By asking the court to convert his mandatory surcharges into a civil judgment, defendantexpressly waived his claim that this action by the court was unauthorized. Furthermore, thecourt's ruling on defendant's request, even if erroneous (see People v Jones, 26 NY3d 730 [2016]), was in defendant's favor(see CPL 470.15 [1]). Concur—Renwick, J.P., Gische, Andrias, Kapnick, Singh,JJ.