Opinion
2019–13683 Ind. No. 578/19
12-29-2021
The PEOPLE, etc., respondent, v. JEORID G. (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 Hannah X. Scotti of counsel; Jenna S. Kim on the brief), 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 Hannah X. Scotti of counsel; Jenna S. Kim on the brief), for respondent.
MARK C. DILLON, J.P., FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lenora Gerald, J.), rendered October 28, 2019, adjudicating him a youthful offender, upon his plea of guilty to grand larceny in the fourth degree, and imposing sentence.
ORDERED that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating so much of the sentence as imposed mandatory surcharges and fees; as so modified, the judgment is affirmed.
As consented to by the People, we modify the judgment by vacating the surcharges and fees imposed on the defendant at sentencing (see People v. Henry P.-M., 196 A.D.3d 650, 651, 148 N.Y.S.3d 392 ; People v. Dyshawn B., 196 A.D.3d 638, 639–641, 152 N.Y.S.3d 131 ; People v. Johnson, 193 A.D.3d 1076, 1077, 143 N.Y.S.3d 222 ; People v. Chirinos, 190 A.D.3d 434, 435, 135 N.Y.S.3d 641 ).
DILLON, J.P., CONNOLLY, BRATHWAITE NELSON and WOOTEN, JJ., concur.