People v. Denisha D.-L.

204 A.D.3d 689

163 N.Y.S.3d 858 (Mem)

The PEOPLE, etc., respondent,

v.DENISHA D.-L. (Anonymous), appellant.

2017–09178

Ind. No. 8782/16

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

Submitted—March 18, 2022

April 6, 2022

Patricia Pazner, New York, NY (Anders Nelson of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, and Daniel Berman of counsel), for respondent.

BETSY BARROS, J.P., ANGELA G. IANNACCI, CHERYL E. CHAMBERS, DEBORAH A. DOWLING, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dineen Riviezzo, J.), rendered July 18, 2017, adjudicating her a youthful offender, upon her plea of guilty to assault in the second 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. Jeorid G., 200 A.D.3d 1069, 155 N.Y.S.3d 819 ; People v. Henry P.-M., 196 A.D.3d 650, 148 N.Y.S.3d 392 ; People v. Dyshawn B., 196 A.D.3d 638, 152 N.Y.S.3d 131 ).

BARROS, J.P., IANNACCI, CHAMBERS and DOWLING, JJ., concur.