People v. Danso

208 A.D.3d 1363

174 N.Y.S.3d 602 (Mem)

The PEOPLE, etc., respondent,

v.Alhusene DANSO, appellant.

2021-08571

Ind. No. 60/21

Supreme Court, Appellate Division, Second Department, New York.

Submitted—September 9, 2022

September 28, 2022

Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and Danielle S. Fenn of counsel; Gianna Gambino on the brief), for respondent.

VALERIE BRATHWAITE NELSON, J.P., CHERYL E. CHAMBERS, PAUL WOOTEN, WILLIAM G. FORD, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Ushir Pandit–Durant, J.), rendered November 18, 2021, convicting him of robbery in the third 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.

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

However, 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. Green, 205 A.D.3d 1051, 1052, 166 N.Y.S.3d 892 ; 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. 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 ).

The defendant's remaining contention is academic in light of our determination.

BRATHWAITE NELSON, J.P., CHAMBERS, WOOTEN and FORD, JJ., concur.