Opinion
2020-09418 Ind. No. 4960/19
12-15-2021
The PEOPLE, etc., respondent, v. Wydeem RUDD, appellant.
Patricia Pazner, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Arieh Schulman of counsel; Yael Golan on the brief), for respondent.
Patricia Pazner, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Arieh Schulman of counsel; Yael Golan on the brief), for respondent.
REINALDO E. RIVERA, J.P., VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, LARA J. GENOVESI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Raymond L. Rodriguez, J.), rendered December 1, 2020, convicting him of attempted criminal possession of a weapon 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 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 CPL 420.35[2–a] ; 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 ).
RIVERA, J.P., BRATHWAITE NELSON, CHRISTOPHER and GENOVESI, JJ., concur.