PEOPLE v. SANCHEZ (2023)

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

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

2019–03815

Decided: November 22, 2023

MARK C. DILLON, J.P., CHERYL E. CHAMBERS, LINDA CHRISTOPHER, BARRY E. WARHIT, JJ.

Patricia Pazner, New York, NY (Mark W. Vorkink of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Mariana Zelig of counsel; Lorrie A. Zinno on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gia L. Morris, J., at plea; Bruna L. DiBiase, J., at sentence), rendered February 27, 2019, convicting him of attempted robbery in the second 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.

Based on the People's consent, and pursuant to the exercise of our interest of justice jurisdiction, we waive the 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., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.

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