People v Pellew, 2022 NY Slip Op 06266 [210 AD3d 804]

November 9, 2022

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Tesean Pellew, 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; Marielle Burnett on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Matthew J. D’Emic, J.), rendered November 5, 2018, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the mandatory surcharge and fees imposed at sentencing ( see Penal Law § 60.35 [1] [a]), should be waived pursuant to CPL 420.35 (2-a) is unpreserved for appellate review ( see id . § 470.05 [2]). In any event, based on the record before us, we see no reason to waive the mandatory surcharge and fees on this appeal. Brathwaite Nelson, J.P., Rivera, Chambers and Zayas, JJ., concur..