People v Velez
2009 NY Slip Op 01831 [60 AD3d 476]
March 12, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


The People of the State of New York, Respondent,
v
Milton Velez, Appellant.

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

Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), for respondent.

Judgment, Supreme Court, New York County (James A. Yates, J.), rendered September 7, 2006, as amended September 20, 2006, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree and attempted criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of six years, unanimously affirmed.

The imposition of mandatory surcharges and fees by way of court documents, but without mention of the specific amount in the court's oral pronouncement of sentence, was lawful (People v Guerrero, 12 NY3d 45 [2009]). Concur—Mazzarelli, J.P., Friedman, Gonzalez, Buckley and Sweeny, JJ.