PEOPLE v. SANCHEZ (2023)

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

The PEOPLE, etc., respondent, v. Danauri SANCHEZ, appellant.

2019–02960

Decided: November 08, 2023

MARK C. DILLON, J.P., ROBERT J. MILLER, BARRY E. WARHIT, LAURENCE L. LOVE, JJ.

Patricia Pazner, New York, NY (Mark W. Vorkink of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel; Lauren Slattery on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin P. Murphy, J.), rendered February 5, 2019, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is modified, 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.

Contrary to the defendant's contention, the period of postrelease supervision imposed as part of the sentence was not excessive (see People v. Frazier, 211 A.D.3d 1033, 1034, 179 N.Y.S.3d 596; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675). However, pursuant to the exercise of our interest of justice jurisdiction, and as the People do not oppose the granting of this relief, we waive the mandatory surcharges and fees imposed on the defendant at sentencing (see CPL 420.35[2–a][c]; see also People v. Hunter, 203 A.D.3d 752, 753, 160 N.Y.S.3d 640).

DILLON, J.P., MILLER, WARHIT and LOVE, JJ., concur.

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