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PEOPLE v. DOUGLAS

2018-14318.

205 A.D.3d 732 (2022)

165 N.Y.S.3d 744

2022 NY Slip Op 03006

The People of the State of New York, Respondent, v. Jalen Douglas, Appellant.

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

Decided May 4, 2022.

Attorney(s) appearing for the Case

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

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Theresa Yuan on the brief), for respondent.

Brathwaite Nelson, J.P., Rivera, Miller and Zayas, 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 a mandatory surcharge, DNA databank fee, and crime victim assistance fee; as so modified, the judgment is affirmed.

Contrary to the People's contention, the record does not demonstrate that the defendant made a knowing, intelligent, and voluntary waiver of his right to...

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