PEOPLE v. JAABER (2024)

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

The PEOPLE, etc., respondent, v. Jallah JAABER, appellant.

2020–02460, 2020–02461

Decided: January 10, 2024

FRANCESCA E. CONNOLLY, J.P., ROBERT J. MILLER, LARA J. GENOVESI, DEBORAH A. DOWLING, JJ.

Patricia Pazner, New York, NY (Alice R.B. Cullina of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Danielle M. O'Boyle of counsel; Gianna Gambino on the brief), for respondent.

DECISION & ORDER

Appeals by the defendant from two judgments of the Supreme Court, Queens County (John F. Zoll, J.), both rendered January 31, 2020, convicting him of grand larceny in the fourth degree under Indictment No. 2542/18, and robbery in the third degree under Indictment No. 1535/19, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are 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 judgments are affirmed.

As consented to by the People, and pursuant to the exercise of our interest of justice jurisdiction, we modify the judgments by vacating the surcharges and fees imposed on the defendant at sentencing (see CPL 420.35[2–a][c]; People v. Johnson, 193 A.D.3d 1076, 1077, 143 N.Y.S.3d 222).

CONNOLLY, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.

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