People v. King

• Decision Date: 25 January 2023
• Docket Number: 2021–07720,S.C.I. No. 471/21
• Citation: 212 A.D.3d 844,180 N.Y.S.3d 543 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Raekwon KING, appellant.
• Court: New York Supreme Court — Appellate Division

212 A.D.3d 844

180 N.Y.S.3d 543 (Mem)

The PEOPLE, etc., respondent,

v.Raekwon KING, appellant.

2021–07720

S.C.I. No. 471/21

Supreme Court, Appellate Division, Second Department, New York.

Submitted—January 3, 2023

January 25, 2023

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

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Ellen C. Abbot of counsel; Rachel Cregier on the brief), for respondent.

MARK C. DILLON, J.P., LINDA CHRISTOPHER, JOSEPH A. ZAYAS, BARRY E. WARHIT, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Bruna L. DiBiase, J.), rendered September 27, 2021, convicting him of attempted burglary 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 mandatory surcharges and fees; as so modified, the judgment is affirmed.

As consented to by the People, we modify the judgment by vacating the mandatory surcharges and fees imposed on the defendant at sentencing (see CPL 420.35[2–a][c] ; People v. Reeves, 203 A.D.3d 1181, 163 N.Y.S.3d 439 ; People v. Dickerson, 201 A.D.3d 731, 156 N.Y.S.3d 881 ; People v. Santillan, 200 A.D.3d 1074, 155 N.Y.S.3d 821 ).

DILLON, J.P., CHRISTOPHER, ZAYAS and WARHIT, JJ., concur.