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PEOPLE v. JONES

Ind. No. 2224/14. Appeal No. 16300. Case No. 2016-01356.

208 A.D.3d 1135 (2022)

174 N.Y.S.3d 573

2022 NY Slip Op 05379

The People of the State of New York, Respondent, v. Kurt Jones, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 29, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel, The Legal Aid Society, New York (Simone Greenberg of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Matthew B. White of counsel), for respondent.

Concur—Acosta, P.J., Mazzarelli, Gesmer, González, Pitt, JJ.

Defendant's "valid waiver[] of the right to appeal preclude[s] review of his argument[] that the mandatory surcharge[] and fees imposed on him at sentencing should be vacated ... pursuant to CPL 420.35(2-a)" (People v Count C., 206 A.D.3d 496, 496 [1st Dept 2022]), and this is not a case where the People have agreed to "waive[] the waiver" (Garza v Idaho, 586 US ___, ___, 139 S.Ct. 738, 745 [2019]). As an alternative holding...

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