People v Rudd, 2021 NY Slip Op 07014 [200 AD3d 912]

December 15, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Wydeem Rudd, Appellant.

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

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Arieh Schulman of counsel; Yael Golan on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Raymond L. Rodriguez, J.), rendered December 1, 2020, convicting him of attempted 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 so much of the sentence as imposed mandatory surcharges and fees; as so modified, the judgment is affirmed.

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 Henry P.-M. , 196 AD3d 650 , 651 [2021]; People v Dyshawn B. , 196 AD3d 638 , 639-641 [2021]; People v Johnson , 193 AD3d 1076 , 1077 [2021]; People v Chirinos , 190 AD3d 434 , 435 [2021]). Rivera, J.P., Brathwaite Nelson, Christopher and Genovesi, JJ., concur..