People v. Zapata

205 A.D.3d 740

165 N.Y.S.3d 737 (Mem)

The PEOPLE, etc., respondent,

v.Noe ZAPATA, appellant.

2019–12663, 2019–12664

Ind. Nos. 851/18, 5975/18

Supreme Court, Appellate Division, Second Department, New York.

Submitted—April 12, 2022

May 4, 2022

Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, and Melissa Wachs of counsel), for respondent.

FRANCESCA E. CONNOLLY, J.P., JOSEPH J. MALTESE, LARA J. GENOVESI, WILLIAM G. FORD, JJ.

DECISION & ORDER

Appeals by the defendant from two judgments of the Supreme Court, Kings County (Sharen D. Hudson, J.), both rendered September 24, 2019, convicting him of attempted robbery in the second degree under Indictment No. 5975/18, and criminal possession of a firearm under Indictment No. 851/18, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

The defendant has completed the term of imprisonment imposed upon his conviction of attempted robbery in the second degree and, thus, his contention that this portion of the sentence was excessive has been rendered academic (see People v. Stewart, 188 A.D.3d 932, 933, 132 N.Y.S.3d 325 ; People v. Worrell, 158 A.D.3d 828, 828, 68 N.Y.S.3d 915 ; People v. Stockinger, 131 A.D.3d 550, 551, 14 N.Y.S.3d 712 ). The period of postrelease supervision imposed upon this conviction was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

We decline to reach, in the exercise of our interest of justice jurisdiction, the defendant's unpreserved contention seeking vacatur of the surcharges and fees levied at sentencing (see People v. Reeves, 203 A.D.3d 1181, 163 N.Y.S.3d 439, 2022 N.Y. Slip Op. 02137 [2d Dept.] ; People v. Attah, 203 A.D.3d 1063, 162 N.Y.S.3d 784, 2022 N.Y. Slip Op. 02011 [2d Dept.] ).

CONNOLLY, J.P., MALTESE, GENOVESI and FORD, JJ.,...