People v. Char , 153 A.D.3d 724 ( 2017 )

People v Char (2017 NY Slip Op 06187)

People v Char

2017 NY Slip Op 06187

Decided on August 16, 2017

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 16, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.

2016-05275
(Ind. No. 2773/15)

[*1]The People of the State of New York, respondent,

v

Felipe Char, appellant.

Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Karla Lato of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Suffolk County (Toomey, J.), imposed March 25, 2016, upon his conviction of driving while intoxicated in violation of Vehicle and Traffic Law § 1192(2), upon his plea of guilty, on the ground that the mandatory surcharge of $570 imposed should be vacated in the interest of justice.

ORDERED that the sentence is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal. Therefore, he cannot challenge his sentence upon the ground raised in his brief (see People v Bryant, 28 NY3d 1094; People v Sanders, 25 NY3d 337; People v Lopez, 6 NY3d 248).

CHAMBERS, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court