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PEOPLE v. LEMOS

34 A.D.3d 343 (2006)

824 N.Y.S.2d 289

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMY LEMOS, Appellant.

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

Decided November 21, 2006.

Defendant's written waiver "establishes that [he] knowingly, intelligently and voluntarily waived his right to appeal" (People v Ramos, 7 N.Y.3d 737, 738 [2006]). This waiver forecloses review of his present claim that the mandatory surcharge and fees should be stricken from his sentence and commitment sheet on the ground that they were not part of the sentence that the court pronounced orally, in his presence in open court, and...

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