Opinion
2019–11781 Ind. No. 10046/19
03-02-2022
The PEOPLE, etc., respondent, v. DYSHAWN B. (Anonymous), appellant.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Amanda Iannuzzi of counsel), for respondent.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Amanda Iannuzzi of counsel), for respondent.
ANGELA G. IANNACCI, J.P., REINALDO E. RIVERA, PAUL WOOTEN, DEBORAH A. DOWLING, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Charles S. Lopresto, J.), rendered August 6, 2019, adjudicating him a youthful offender, upon his plea of guilty to criminal possession of a weapon in the second degree, and imposing sentence.
ORDERED that the judgment is modified, on the law, by vacating so much of the sentence as imposed a mandatory surcharge and crime victim assistance fee; as so modified, the judgment is affirmed.
As the People correctly concede, the mandatory surcharge and crime victim assistance fee imposed upon the defendant (see Penal Law § 60.35[1] ) must be vacated in light of the retroactive application of amendments repealing the imposition of mandatory surcharges and crime victim assistance fees for youthful offenders (see L 2020, ch 144, §§ 3, 4; People v. Dyshawn B., 196 A.D.3d 638, 641, 152 N.Y.S.3d 131 ).
IANNACCI, J.P., RIVERA, WOOTEN and DOWLING, JJ., concur.