Opinion
2020–06407 Ind. No. 2584/18
03-30-2022
The PEOPLE, etc., respondent, v. Devonte REEVES, appellant.
Janet E. Sabel, New York, NY (Iva´n Pantoja of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Danielle S. Fenn of counsel; Victoria Randall on the memorandum), for respondent.
Janet E. Sabel, New York, NY (Iva´n Pantoja of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Danielle S. Fenn of counsel; Victoria Randall on the memorandum), for respondent.
FRANCESCA E. CONNOLLY, J.P., REINALDO E. RIVERA, ROBERT J. MILLER, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kenneth C. Holder, J.), rendered July 1, 2020, convicting him of attempted assault in the first degree, upon his plea of guilty, 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.
Contrary to the defendant's contention, the sentence of a determinate term of imprisonment of four years, to be followed by a period of postrelease supervision of five years, was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
As consented to by the People, we modify the judgment by vacating the surcharges and fees imposed on the defendant at sentencing (see CPL 420.35[2–a], [c] ; People v. Dickerson, 201 A.D.3d 731, 156 N.Y.S.3d 881 ; People v. Santillan, 200 A.D.3d 1074, 155 N.Y.S.3d 821 ; People v. Sevaughn G., 199 A.D.3d 936, 937, 154 N.Y.S.3d 475 ; People v. Dyshawn B., 196 A.D.3d 638, 152 N.Y.S.3d 131 ).
CONNOLLY, J.P., RIVERA, MILLER and FORD, JJ., concur.