People v Washington
2008 NY Slip Op 04444 [51 AD3d 521]
May 15, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 16, 2008


The People of the State of New York, Respondent,
v
Lorraine Washington, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Carol A. Zeldin of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Grace Vee of counsel), for respondent.

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), entered December 13, 2006, convicting defendant, upon her plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony drug offender, to a term of 4½ years, unanimously affirmed.

Although the record fails to establish a valid waiver of the right to appeal, we perceive no basis for reducing the sentence.

We reject defendant's claim regarding the imposition of a mandatory surcharge and fees (see People v Harris, 51 AD3d 523 [2008] [decided herewith]). Concur—Mazzarelli, J.P., Friedman, Buckley, Sweeny and Renwick, JJ.