Opinion
2021-06780 Ind 316/16
12-02-2021
The People of the State of New York, Respondent, v. Shurine Byron, Defendant-Appellant. Appeal No. 14724 Case No. 2019-5495
Robert S. Dean, Center for Appellate Litigation, New York (Emilia King-Musza of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Catherine Read of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Emilia King-Musza of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Catherine Read of counsel), for respondent.
Before: Webber, J.P., Friedman, Oing, Shulman, Pitt, JJ.
Judgment, Supreme Court, Bronx County (Robert A. Neary, J.), rendered March 6, 2019, as amended March 7 and 8, 2019, convicting defendant, upon her plea of guilty, of promoting prostitution in the third degree, and sentencing her to a term of 2 to 6 years, unanimously modified, on the law, to the extent of vacating the supplemental sex offender victim fee, and otherwise affirmed.
Although we do not find that defendant made a valid waiver of her right to appeal, we perceive no basis for reducing the sentence. However, as the People concede, the supplemental sex offender victim fee should be vacated because promoting prostitution in the third degree is not one of the enumerated offenses for which that fee may be imposed (Penal Law § 60.35[1][b]).