PEOPLE v. KNIGHT

Ordered that the amended sentence is modified, by reducing the mandatory surcharge to $150 plus a $5 crime victim's assistance fee; as so modified, the amended sentence is affirmed.

The defendant effectively waived appellate review of the length of his sentence as part of his plea agreement (see, People v Callahan, 80 N.Y.2d 273; People v Seaberg, 74 N.Y.2d 1; People v Loper, 215 A.D.2d 406). We have examined the defendant's contention that he should be returned to probation and find it to be without merit (see, People v King, 184 A.D.2d 782; People v Perez, 181 A.D.2d 922).

The People correctly concede that the mandatory surcharge should be reduced. Mangano, P.J., Rosenblatt, Copertino, Hart and Florio, JJ., concur.