PEOPLE v. SMET

2019-06981. Ind. No. 1226/18.

201 A.D.3d 745 (2022)

156 N.Y.S.3d 861

2022 NY Slip Op 00198

The People of the State of New York, Respondent, v. Jorge Smet, Appellant.

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

Decided January 12, 2022.


Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Naila S. Siddiqui of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Christopher Blira-Koessler of counsel; Lazaro Angeles on the brief), for respondent.

Duffy, J.P., Connolly, Hinds-Radix and Genovesi, JJ., concur.


Ordered that the judgment is modified, on the law, by reducing the mandatory surcharge from the sum of $300 to the sum of $175; as so modified, the judgment is affirmed.

As the People correctly concede, since the crimes of which the defendant was convicted are classified as misdemeanors, the Supreme Court erred in imposing a mandatory surcharge in the amount applicable to convictions for felony offenses (see Penal Law § 60.35[1...

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