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PEOPLE v. RUDD

2020-09418. Ind. No. 4960/19.

200 A.D.3d 912 (2021)

155 N.Y.S.3d 360

2021 NY Slip Op 07014

The People of the State of New York, Respondent, v. Wydeem Rudd, Appellant.

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

Decided December 15, 2021.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Lynn W. L. Fahey of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Arieh Schulman of counsel; Yael Golan on the brief), for respondent.

Rivera, J.P., Brathwaite Nelson, Christopher and Genovesi, JJ., concur.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating so much of the sentence as imposed mandatory surcharges and fees; as so modified, the judgment is affirmed.

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 Henry P.-M., 196 A.D.3d 650, 651 [2021]; People v Dyshawn B.,<...

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