Legal Opinion

People v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided October 30, 2007Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered March 9, 2006, convicting defendant, upon her plea of guilty, of assault in the first degree, and sentencing her, as a second violent felony offender, to a term of 10 years, unanimously affirmed.

Defendant claims that the court unlawfully imposed a mandatory surcharge and fees when it did so in writing, without including the surcharge and fees in its oral pronouncement of sentence. For the reasons stated in our decision in People v Lemos (34 AD3d 343 [2006]), we find that claim to be unpreserved. Were we to review it,…

2Cases cited2 opinions

  1. People v. LemosAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2007

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