PEOPLE v. ROMERO (2024)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Dorian ROMERO, Appellant.

2022-757 Q CR

Decided: December 20, 2024

PRESENT:: WAVNY TOUSSAINT, P.J., CHEREÉ A. BUGGS, LISA S. OTTLEY, JJ.

Appellate Advocates (Alexa Askari of counsel), for appellant. Queens County District Attorney (Johnnette Traill, Danielle M. O'Boyle and Michael Tadros of counsel), for respondent.

Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Scott Dunn, J.), rendered August 4, 2022. The judgment convicted defendant, upon a plea of guilty, of criminal possession of a controlled substance in the seventh degree, and imposed sentence.

ORDERED that the judgment of conviction 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 of conviction is affirmed.

“As consented to by the People, and pursuant to the exercise of our interest of justice jurisdiction, we modify the judgment by vacating the surcharge and fees imposed on the defendant at sentencing (see CPL 420.35 [2-a] [c]; People v Jaaber, 223 AD3d 685 [2024])” (People v Bynum, 225 AD3d 781, 781-782 [2024]; see People v Ortega, 228 AD3d 784 [2024]; People v Thompson, 225 AD3d 713 [2024]; People v Cabrera, 222 AD3d 878 [2023]; People v Peacock, 216 AD3d 1181 [2023]).

TOUSSAINT, P.J., BUGGS and OTTLEY, JJ., concur.

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