People v. Knight

219 A.D.2d 677, 631 N.Y.S.2d 531, 1995 N.Y. App. Div. LEXIS 9861

Opinion

Appeal by the defendant, as limited by his motion, from an amended sentence of the County Court, Nassau County (Harrington, J.), imposed May 18, 1994, revoking a sentence of probation previously imposed by the same court (Winick, J.), upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous convictions of criminal sale of a controlled substance in the fourth degree and attempted criminal possession of a controlled substance in the third degree, the sentence being concurrent indeterminate terms of IV3 to 4 years imprisonment and a $305 mandatory surcharge.

Ordered that the amended sentence is modified, by reducing the mandatory surcharge to $150 plus a $5 crime victim’s assistance fee; as so modified, the amended sentence is affirmed.

The defendant effectively waived appellate review of the length of his sentence as part of his plea agreement (see, People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1; People v Loper, 215 AD2d 406). We have examined the defendant’s contention that he should be returned to probation and find it to be without merit (see, People v King, 184 AD2d 782; People v Perez, 181 AD2d 922).

The People correctly concede that the mandatory surcharge should be reduced. Mangano, P. J., Rosenblatt, Copertino, Hart and Florio, JJ., concur.