Opinion
2019–03672 Ind. No. 4049/18
01-12-2022
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Marielle Burnett and Lawrance Choi on the brief), for respondent.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Marielle Burnett and Lawrance Choi on the brief), for respondent.
BETSY BARROS, J.P., VALERIE BRATHWAITE NELSON, ROBERT J. MILLER, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Matthew D'Emic, J.), rendered March 14, 2019, convicting him of aggravated criminal contempt, 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 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 ; People v. Johnson, 193 A.D.3d 1076, 143 N.Y.S.3d 222 ).
BARROS, J.P., BRATHWAITE NELSON, MILLER and WOOTEN, JJ., concur.