People v Islam, 2024 NY Slip Op 06210 [233 AD3d 798]

December 11, 2024

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Nur Islam, Appellant.

Patricia Pazner, New York, NY (Joshua M. Levine of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Melissa Owen of counsel; Lauren Slattery on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Laura R. Johnson, J.), rendered August 29, 2022, convicting him of criminal possession of stolen property in the fourth 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.

Pursuant to the exercise of our interest of justice jurisdiction, and as consented to by the People, we modify the judgment by vacating the surcharge and fees imposed on the defendant at sentencing ( see CPL 420.35 [2-a]; People v Dillon H. , 229 AD3d 722 , 723 [2024]; People v Cabrera , 222 AD3d 878 , 879 [2023]; People v Danso , 208 AD3d 1363 , 1364 [2022]).

In light of our determination, the defendant’s remaining contention need not be reached. Dillon, J.P., Warhit, Ventura and Golia, JJ., concur..