PEOPLE v. ISLAM (2024)

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

The PEOPLE, etc., respondent, v. Nur ISLAM, appellant.

2022-07868

Decided: December 11, 2024

MARK C. DILLON, J.P., BARRY E. WARHIT, LOURDES M. VENTURA, DONNA–MARIE E. GOLIA, JJ.

Patricia Pazner, New York, NY (Joshua M. Levine of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Melissa Owen of counsel; Lauren Slattery on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Laura R. Johnson, J.), rendered August 29, 2022, convicting him of criminal possession of stolen property 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 a mandatory surcharge and fees; as so modified, the judgment is affirmed.

Pursuant to the exercise of our interest of justice jurisdiction, and as consented to by the People, we modify the judgment by vacating the surcharge and fees imposed on the defendant at sentencing (see CPL 420.35[2–a]; People v. Dillon H., 229 A.D.3d 722, 723, 214 N.Y.S.3d 191; People v. Cabrera, 222 A.D.3d 878, 879, 200 N.Y.S.3d 101; People v. Danso, 208 A.D.3d 1363, 1364, 174 N.Y.S.3d 602).

In light of our determination, the defendant's remaining contention need not be reached.

DILLON, J.P., WARHIT, VENTURA and GOLIA, JJ., concur.

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