People v Peacock, 2023 NY Slip Op 02894 [216 AD3d 1181]
May 31, 2023
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Jayshawn Peacock, Appellant.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jean M. Joyce of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Laura R. Johnson, J.), rendered August 21, 2019, convicting him of assault in the first degree and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the imposition of mandatory surcharges and fees; as so modified, the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Thomas , 34 NY3d 545 [2019]; People v Lopez , 6 NY3d 248 [2006]). The defendant’s valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive ( see People v Lopez , 6 NY3d at 255-256; People v Washington , 214 AD3d 910 [2023]).
As consented to by the People, we modify the judgment by vacating the mandatory surcharges and fees imposed on the defendant at sentencing ( see CPL 420.35 [2-a] [c]; People v Reeves , 203 AD3d 1181 [2022]; People v Dickerson , 201 AD3d 731 [2022]). Connolly, J.P., Brathwaite Nelson, Maltese and Christopher, JJ., concur..