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People v. Danso

Citation: 2022 NY Slip Op 05330Docket: 2021-08571

Court: Appellate Division of the Supreme Court of the State of New York; September 28, 2022; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Alhusene Danso was convicted of third-degree robbery following a guilty plea, with the judgment rendered by Justice Ushir Pandit-Durant of the Supreme Court, Queens County, on November 18, 2021. Danso appealed the judgment, and the Appellate Division, Second Department, modified the decision by vacating the mandatory surcharges and fees imposed at sentencing, as consented to by the prosecution. The court affirmed the judgment as modified, stating that the sentence was not excessive. The remaining contention raised by Danso was deemed academic in light of this decision. Judges Valerie Brathwaite Nelson, Cheryl E. Chambers, Paul Wooten, and William G. Ford concurred with the ruling.

Legal Issues Addressed

Academic Contentions on Appeal

Application: The court deemed the remaining contention raised by Danso as academic, indicating that it did not need to be addressed given the modification of the judgment.

Reasoning: The remaining contention raised by Danso was deemed academic in light of this decision.

Affirmation of Sentence as Not Excessive

Application: The court affirmed the sentence as modified, indicating that it was not excessive despite the defendant's appeal.

Reasoning: The court affirmed the judgment as modified, stating that the sentence was not excessive.

Modification of Sentences on Appeal

Application: The Appellate Division modified the trial court's judgment by vacating the mandatory surcharges and fees imposed at sentencing, as consented to by the prosecution.

Reasoning: Danso appealed the judgment, and the Appellate Division, Second Department, modified the decision by vacating the mandatory surcharges and fees imposed at sentencing, as consented to by the prosecution.