Opinion
2019–02416, 2019–02417 Ind. Nos. 8490/17, 107/18
07-21-2021
The PEOPLE, etc., respondent, v. HENRY P.-M. (Anonymous), appellant.
Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Marielle Burnett on the brief), for respondent.
Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Marielle Burnett on the brief), for respondent.
REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Dineen Riviezzo, J.), rendered January 7, 2019, adjudicating him a youthful offender, upon his plea of guilty to robbery in the second degree under Indictment No. 8490/17, and imposing sentence, and (2) a judgment of the same court rendered January 7, 2019, adjudicating him a youthful offender, upon his plea of guilty to attempted robbery in the first degree under Indictment No. 107/18, and imposing sentence.
ORDERED that the judgments are modified, on the law and as a matter of discretion in the interest of justice, by vacating so much of the sentences as imposed mandatory surcharges and fees; as so modified, the judgments are affirmed.
As consented to by the People, we modify the judgments by vacating the surcharges and fees imposed on the defendant at sentencing (see People v. Dyshawn B., 196 A.D.3d 638, 152 N.Y.S.3d 131 [decided herewith]; see also People v. Johnson, 193 A.D.3d 1076, 143 N.Y.S.3d 222 ; People v. Chirinos, 190 A.D.3d 434, 435, 135 N.Y.S.3d 641 ).
RIVERA, J.P., HINDS–RADIX, CONNOLLY and IANNACCI, JJ., concur.