People v. Muschett
Opinion
It appears you are using Adblock. Please disable Adblock to best experience our website.
Bureau Thomas J.K. Smith, State Reporter
People v Muschett
2026 NY Slip Op 04780
July 29, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
The People of the State of New York, respondent,
v
Robert Muschett, appellant.
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
Decided on July 29, 2026
2023-04107, (Ind. No. 72137/21)
Colleen D. Duffy, J.P.
Janice A. Taylor
Lourdes M. Ventura
Elena Goldberg Velazquez, JJ.
Patricia Pazner, New York, NY (Alina R. Tulloch of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Melissa Owen of counsel; Hannah Thomas on the brief), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Craig S. Walker, J.), rendered April 27, 2023, convicting him of criminal possession of a weapon in the second 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 a mandatory surcharge and fees; as so modified, the judgment is affirmed.
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
"Criminal Procedure Law § 420.35(2-a) permits the waiver of surcharges and fees for individuals, like the defendant, who were less than 21 years old at the time of the subject crime" (People v Cabrera, 222 AD3d 878, 879). Pursuant to the exercise of our interest of justice jurisdiction, and as consented to by the People, we modify the judgment by vacating the mandatory surcharge and fees imposed upon the defendant at sentencing (see CPL 420.35[2-a][c]; People v Odesanya, 225 AD3d 631, 632).
DUFFY, J.P., TAYLOR, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
Links to or from other sites do not signify endorsement or relationship with them.
Free access — add to your briefcase to read the full text and ask questions with AI
People v. Muschett (People v. Muschett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.