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PEOPLE v. POWELL

2020-01598. Ind. No. 6992/18.

208 A.D.3d 1366 (2022)

174 N.Y.S.3d 608

2022 NY Slip Op 05335

The People of the State of New York, Respondent, v. Zhamir Powell, Appellant.

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

Decided September 28, 2022.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( David Fitzmaurice of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Jodi L. Mandel , and Coby Ballard of counsel), for respondent.

LaSalle, P.J., Miller, Genovesi and Wan, JJ., concur.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by (1) vacating the sentence imposed, and (2) vacating the imposition of a mandatory surcharge and fees; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.

CPL 720.20 requires "that there be a youthful offender determination

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