People v Antoine B., 2023 NY Slip Op 01965 [215 AD3d 496]

April 18, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Antoine B., Appellant.

Twyla Carter, The Legal Aid Society, New York (Benjamin Welikson of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (John T. Komondorea of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Nicholas Iacovetta, J.), rendered September 15, 2017, convicting defendant, upon his plea of guilty, of robbery in the first degree, adjudicating him a youthful offender, and sentencing him to a conditional discharge, unanimously affirmed.

Defendant made a valid waiver of his right to appeal ( see People v Thomas , 34 NY3d 545 , 559-560 [2019], cert denied 589 US —, 140 S Ct 2634 [2020]; People v Lopez , 6 NY3d 248 , 256 [2006]), which “preclude[s] review of his argument[ ] that the mandatory surcharges and fees imposed . . . at sentencing should be vacated based on his youthful offender status or pursuant to CPL 420.35 (2-a)” ( People v Count C. , 206 AD3d 496 , 496 [1st Dept 2022], lv denied 38 NY3d 1187 [2022]). In any event, we find no basis to vacate the surcharge and fees. Concur—Kapnick, J.P., Moulton, Kennedy, Mendez, Pitt-Burke, JJ..