People v. Danso

174 N.Y.S.3d 602, 208 A.D.3d 1363, 2022 NY Slip Op 05330

Opinion

People v Danso (2022 NY Slip Op 05330)

People v Danso

2022 NY Slip Op 05330

Decided on September 28, 2022

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 September 28, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
VALERIE BRATHWAITE NELSON, J.P.
CHERYL E. CHAMBERS
PAUL WOOTEN
WILLIAM G. FORD, JJ.

2021-08571
(Ind. No. 60/21)

[*1]The People of the State of New York, respondent,

v

Alhusene Danso, appellant.

Patricia Pazner, New York, NY (Lynn W. L. Fahey of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Danielle S. Fenn of counsel; Gianna Gambino on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Ushir Pandit-Durant, J.), rendered November 18, 2021, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the imposition of mandatory surcharges and fees; as so modified, the judgment is affirmed.

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

However, as consented to by the People, we modify the judgment by vacating the surcharges and fees imposed on the defendant at sentencing (see CPL 420.35[2-a]; People v Green, 205 AD3d 1051, 1052; People v Douglas, 205 AD3d 732; People v Reeves, 203 AD3d 1181; People

v Sevaughn G., 199 AD3d 936, 937; People v Dyshawn B., 196 AD3d 638).

The defendant's remaining contention is academic in light of our determination.

BRATHWAITE NELSON, J.P., CHAMBERS, WOOTEN and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court