Crimes - Appeal - Valid Waiver of Right to Appeal

Crimes - Sentence - Probation - Mandatory Surcharge and Fees - Defendant Indigent and Unemployed

Judgment, Supreme Court, Bronx County (Verena C. Powell, J.), rendered June 12, 2024, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to three years of probation, unanimously modified, on the law, to the extent of striking the condition of probation requiring him to pay $375 in surcharge and fees as a condition of his probation, and otherwise affirmed.

Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 NY3d 545, 567 [2019], cert denied 589 US 1302 [2020]), foreclosing review of his excessive sentence claim (see People v Lowndes, 239 AD3d 574, 575 [1st Dept 2025], lv denied 44 NY3d 1012 [2025]). In any event, we perceive no basis to reduce his sentence.

Under "the particular circumstances of [this] case" (People v Percy, 234 AD3d 619, 620 [1st Dept 2025]), requiring payment of the surcharge and fees is not "reasonably related to [defendant's] rehabilitation" (Penal Law § 65.10 [2] [l]). Defendant is indigent and unemployed (see Percy, 234 AD3d at 620). Accordingly, that condition is stricken. We note that the People do not oppose this relief. Concur—Moulton, J.P., González, Mendez, Rodriguez, Pitt-Burke, JJ.