| People v Antonio J. |
| 2019 NY Slip Op 04827 [173 AD3d 1745] |
| June 14, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Antonio J., Appellant. (Appeal No. 2.) |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Deborah K. Jessey of counsel), for defendant-appellant.
John J. Flynn, District Attorney, Buffalo (Michael J. Hillery of counsel), for respondent.
Appeal from an adjudication of the Erie County Court (Kenneth F. Case, J.), rendered September 9, 2016. Defendant was adjudicated a youthful offender upon his plea of guilty to robbery in the second degree.
It is hereby ordered that the adjudication so appealed from is unanimously modified on the law by vacating the surcharge, crime victim assistance fee, and sentence, and as modified the adjudication is affirmed, and the matter is remitted to Erie County Court for resentencing.
Same memorandum as in People v Antonio J. ([appeal No. 1] 173 AD3d 1743 [4th Dept 2019]). Present—Centra, J.P., Peradotto, DeJoseph and Winslow, JJ.