The People, etc., respondent, v. Alhusene Danso, appellant. (2022)

Submitted—September 9, 2022

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Ushir Pandit–Durant, J.), rendered November 18, 2021, convicting him of robbery in the third 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.

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

However, as consented to by the People, we modify the judgment by vacating the surcharges and fees imposed on the defendant at sentencing (see CPL 420.35[2–a];  People v. Green, 205 AD3d 1051, 1052;  People v. Douglas, 205 AD3d 732;  People v. Reeves, 203 AD3d 1181;  People

v Sevaughn G., 199 AD3d 936, 937;  People v. Dyshawn B., 196 AD3d 638).

The defendant's remaining contention is academic in light of our determination.

BRATHWAITE NELSON, J.P., CHAMBERS, WOOTEN and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court