PEOPLE v. JACKSON (2024)

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

The PEOPLE, etc., respondent, v. Samuel JACKSON, appellant.

2022-04538

Decided: March 13, 2024

BETSY BARROS, J.P., LINDA CHRISTOPHER, DEBORAH A. DOWLING, JANICE A. TAYLOR, JJ.

Patricia Pazner, New York, NY (Elisabeth R. Calcaterra of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Melissa Wachs of counsel; Karen Abel–Bey on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Matthew J. D'Emic, J.), rendered May 25, 2022, convicting him of criminal possession of a weapon in the fourth 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.

Under the circumstances of this case, and in view of the People's position that they do not oppose the waiver of surcharges and fees, 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. King, 212 A.D.3d 844, 844–845, 180 N.Y.S.3d 543).

BARROS, J.P., CHRISTOPHER, DOWLING and TAYLOR, JJ., concur.

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