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PEOPLE v. LANZARA

59 A.D.3d 936 (2009)

873 N.Y.S.2d 399

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN R. LANZARA, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 6, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]), defendant contends that County Court erred in imposing a fine without conducting a hearing to determine his ability to pay. That contention is encompassed by defendant's valid waiver of the right to appeal (

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