| People v Henry P.-M. |
| 2021 NY Slip Op 04499 |
| Decided on July 21, 2021 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on July 21, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
2019-02416
2019-02417
(Ind. Nos. 8490/17, 107/18)
v
Henry P.-M. (Anonymous), 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.
DECISION & ORDER
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., ___ AD3d ___ [decided herewith]; see also People v Johnson, 193 AD3d 1076; People v Chirinos, 190 AD3d 434, 435).
RIVERA, J.P., HINDS-RADIX, CONNOLLY and IANNACCI, JJ., concur.
ENTER:Aprilanne Agostino
Clerk of the Court