| People v Ross |
| 2022 NY Slip Op 00141 [201 AD3d 483] |
| January 11, 2022 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Tyrik Ross, Appellant. |
Janet E. Sabel, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jennifer Westphal of counsel), for respondent.
Judgments, Supreme Court, New York County (Abraham L. Clott, J.), rendered September
30, 2015, as amended October 21 and October 27, 2015, convicting defendant, upon his pleas of
guilty, of three counts of robbery in the second degree and two counts of criminal possession of a
weapon in the fourth degree, and sentencing him to an aggregate term of 3
Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 NY3d 545 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]; People v Bryant, 28 NY3d 1094, 1096 [2016]), which forecloses review of the court's discretionary denial of youthful offender treatment (see People v Pacherille, 25 NY3d 1021, 1023-1024 [2015]). In any event, we find that the court providently exercised its discretion in that regard.
As the People concede, the court should not have imposed fees in connection with defendant's juvenile offender conviction.
Based on our own interest of justice powers and the People's consent, we vacate the surcharge and fees imposed on the other convictions (see People v Chirinos, 190 AD3d 434 [1st Dept 2021]).
Defendant's argument concerning his sentence and commitment sheet is moot because the error in the original sheet has been corrected. Concur—Gische, J.P., Kern, Friedman, Oing, Singh, JJ.