People v. Martinez

40 A.D.3d 359, 834 N.Y.S.2d 470

Opinion

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered March 11, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of five years, unanimously affirmed.

For the reasons stated in our decision in People v Lemos (34 AD3d 343 [2006]), we conclude that defendant’s constitutional challenge to the court’s imposition of a mandatory surcharge and fees by way of a commitment sheet, as well as a worksheet signed by the Judge, is unpreserved and unavailing. Concur— Saxe, J.E, Nardelli, Gonzalez, Sweeny and Catterson, JJ.