Opinion
1533 SCI No. 2758/15 Case No.2019–1187
01-25-2024
The PEOPLE of the State of New York, Respondent, v. Eva GARCIA, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.
Twyla Carter, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.
Moulton, J.P., Kapnick, Mendez, Higgitt, O'Neill Levy, JJ.
Judgment, Supreme Court, New York County (Robert M. Mandelbaum, J., at plea; Kevin McGrath, J., at sentencing), rendered December 15, 2017, convicting defendant of petit larceny, and sentencing her to time served, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fees imposed at sentencing, and otherwise affirmed.
Based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing (see People v. Chirinos, 190 A.D.3d 434, 135 N.Y.S.3d 641 [1st Dept. 2021] ). We note that the People do not oppose this relief.