People v Christopher D., 2022 NY Slip Op 06493 [210 AD3d 905]

November 16, 2022

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Christopher D., Appellant.

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

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Christopher Blira-Koessler, and Felicia Thomas of counsel), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Queens County (Lenora Gerald, J.), imposed October 25, 2017, adjudicating him a youthful offender, upon his conviction of burglary in the second degree, upon his plea of guilty.

Ordered that the resentence 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 resentence is affirmed.

As consented to by the People, we vacate the mandatory surcharges and fees imposed on the defendant at resentencing ( see People v Jeorid G. , 200 AD3d 1069 [2021]; People v Henry P.-M. , 196 AD3d 650 [2021]; People v Dyshawn B. , 196 AD3d 638 [2021]). Barros, J.P., Brathwaite Nelson, Dowling and Wan, JJ., concur..