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People v Henry P.-M., 2021 NY Slip Op 04499 [196 AD3d 650]

July 21, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Henry P.-M., Appellant.

Paul Skip Laisure, New York, NY (Lynn W.L. Fahey of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Marielle Burnett on the brief), for respondent.

Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Dineen Riviezzo, J.), rendered January 7, 2019, adjudicating him a youthful offender, upon his plea of guilty to robbery in the second degree under indictment No. 8490/17, and imposing sentence, and (2) a judgment of the same court rendered January 7, 2019, adjudicating him a youthful offender, upon his plea of guilty to attempted robbery in the first degree under indictment No. 107/18, and imposing sentence.

Ordered that the judgments are modified, on the law and as a matter of discretion in the interest of justice, by vacating so much of the sentences as imposed mandatory surcharges and fees; as so modified, the judgments are affirmed.

As consented to by the People, we modify the judgments by vacating the surcharges and fees imposed on the defendant at sentencing ( see People v Dyshawn B. , 196 AD3d 638 [2021] [decided herewith]; see also People v Johnson , 193 AD3d 1076 [2021]; People v Chirinos , 190 AD3d 434 , 435 [2021]). Rivera, J.P., Hinds-Radix, Connolly and Iannacci, JJ., concur..