Opinion
2018–05354 Ind. No. 5317/16
07-20-2022
The PEOPLE, etc., respondent, v. Diamante REID, appellant.
Justine Luongo, Attorney–in–Charge of the Criminal Defense Practice, New York, NY (Simon Greenberg of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, and Melissa Wachs of counsel), for respondent.
Justine Luongo, Attorney–in–Charge of the Criminal Defense Practice, New York, NY (Simon Greenberg of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, and Melissa Wachs of counsel), for respondent.
ANGELA G. IANNACCI, J.P., JOSEPH A. ZAYAS, LARA J. GENOVESI, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dineen Riviezzo, J.), rendered January 16, 2018, convicting him of assault in the second 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 the imposition of 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 CPL 420.35[2–a] ; People v. Douglas, 205 A.D.3d 732, 165 N.Y.S.3d 744 ; People v. Reeves, 203 A.D.3d 1181, 163 N.Y.S.3d 439 ; 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 ).
IANNACCI, J.P., ZAYAS, GENOVESI and FORD, JJ., concur.