People v. Smet , 2022 NY Slip Op 00198 ( 2022 )

People v Smet (2022 NY Slip Op 00198)

People v Smet

2022 NY Slip Op 00198

Decided on January 12, 2022

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 12, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
FRANCESCA E. CONNOLLY
SYLVIA O. HINDS-RADIX
LARA J. GENOVESI, JJ.

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

[*1]The People of the State of New York, respondent,

v

Jorge Smet, appellant.

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.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Richard L. Buchter, J.), rendered May 15, 2019, convicting him of criminal trespass in the second degree and forcible touching, upon his plea of guilty, and imposing sentence.

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][a][i], [ii]).

DUFFY, J.P., CONNOLLY, HINDS-RADIX and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court