Opinion
No. 2019-06981 Ind. No. 1226/18
01-12-2022
The People, etc., respondent, v. Jorge Smet, appellant.
Janet E. Sabel, New York, NY (Naila S. Siddiqui of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Christopher Blira-Koessler of counsel; Lazaro Angeles on the brief), for respondent.
Submitted - November 30, 2021
D68168 M/afa
Janet E. Sabel, New York, NY (Naila S. Siddiqui of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Christopher Blira-Koessler of counsel; Lazaro Angeles on the brief), for respondent.
COLLEEN D. DUFFY, J.P. FRANCESCA E. CONNOLLY SYLVIA O. HINDS-RADIX LARA J. GENOVESI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Richard L. Buchter, J.), rendered May 15, 2019, convicting him of criminal trespass in the second degree and forcible touching, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is modified, on the law, by reducing the mandatory surcharge from the sum of $300 to the sum of $175; as so modified, the judgment is affirmed.
As the People correctly concede, since the crimes of which the defendant was convicted are classified as misdemeanors, the Supreme Court erred in imposing a mandatory surcharge in the amount applicable to convictions for felony offenses (see Penal Law § 60.35[1][a][i], [ii]).
DUFFY, J.P., CONNOLLY, HINDS-RADIX and GENOVESI, JJ., concur.