People v Henry P.-M.
2021 NY Slip Op 04499 [196 AD3d 650]
July 21, 2021
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 1, 2021


[*1]
 The People of the State of New York, Respondent,
v
Henry P.-M., Appellant.

Paul Skip Laisure, 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 on the brief), for respondent.

Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Dineen Riviezzo, J.), rendered January 7, 2019, adjudicating him a youthful offender, upon his plea of guilty to robbery in the second degree under indictment No. 8490/17, and imposing sentence, and (2) a judgment of the same court rendered January 7, 2019, adjudicating him a youthful offender, upon his plea of guilty to attempted robbery in the first degree under indictment No. 107/18, and imposing sentence.

Ordered that the judgments are modified, on the law and as a matter of discretion in the interest of justice, by vacating so much of the sentences as imposed mandatory surcharges and fees; as so modified, the judgments are affirmed.

As consented to by the People, we modify the judgments by vacating the surcharges and fees imposed on the defendant at sentencing (see People v Dyshawn B., 196 AD3d 638 [2021] [decided herewith]; see also People v Johnson, 193 AD3d 1076 [2021]; People v Chirinos, 190 AD3d 434, 435 [2021]). Rivera, J.P., Hinds-Radix, Connolly and Iannacci, JJ., concur.