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PEOPLE v. GREEN

2019-14103. Ind. No. 1082/15.

205 A.D.3d 1051 (2022)

166 N.Y.S.3d 892

2022 NY Slip Op 03401

The People of the State of New York, Respondent, v. Darnell Green, Appellant.

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

Decided May 25, 2022.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Jonathan Schoepp-Wong and David Fitzmaurice of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Nancy Fitzpatrick Talcott , and Marina Arshakyan of counsel), for respondent.

Connolly, J.P., Christopher, Ford and Dowling, JJ., concur.

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

Contrary to the People's contention, the record does not establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18 N.Y.3d 257

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